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Home My WebLink About01-05486 IN THE COURT OF COMMON PLEAS TAMAR A. WALKER, Plaintiff VERSUS N O. 5486 2001 Defendant DECREE IN DIVORCE AND NOW, ~"N ~ Z" ~W IT I$ ORDERED AND DECREED THAT Walker PLAINTIFF, AND ~!lham H. Walker; ,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; BY THE Cou ATTEST: D ~ J. 0 PROTHONOTARY .: nv3eVd...N'.l'deY&''~l Y2: a: iNEw. ,_u.:vl' 4 N~1i.•U3v-x.iks i.:4.!twtix"~E -idfES" ~V/-~ V _ ILL %~J L' /~ e`yj C. ll //~~ (. z°od/~~ Tamar A. Walker Plaintiff v. William H. Walker Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW DIVORCE, CUSTODY NO. 01-5486 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U. S. mail, certified, restricted delivery, return receipt requested on September 24, 2001. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff - 1/28/02; by defendant - 1/29/02. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 1/31/02 Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2/06/02 Date Z ~o Z ~C..Q~,i ? Megan Ialone Certified Legal Intern L `d-~' NNING Staff Attorney THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Cazlisle, PA 17013 717/243-2968 too- e€~T~i3?'re ~'~x aa* e s~~.,,~ tw ~w~;s~-v .:. ,~,~ei~a ~ z. "_... _«.~ TAMAR A. WALKER, Plaintiff v. WILLIAM H. WALKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE, CUSTODY NO. O1-~ CIVIL TERM 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 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 accessrble facilifies 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. Court Administrator Cumberland County Courthouse Cazlisle, PA 17013 j TAMAR A. WALKER, Plaintiff v. WILLIAM H. WALKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE, CUSTODY NO. 015~(pCIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Tamar A. Walker, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(cl AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tamar A. Walker, who currently resides at 25 Broad Street, Newville, Pennsylvania, since August 1, 2001. 2. Defendant is William H. Walker, who currently resides at 115 South Side Drive, Newville, Pennsylvania, since September 1, 1997. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on July 25, 1981 in Newville, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since August 1, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs one through eight 10. Plaintiff seeks custody of the following children: Name Present Address Age Shannon Walker 25 Broad St., Newville, PA 17241 16 (DOB 06/01/85) Kasey Walker 25 Broad 5t., Newville, PA 17241 13 (DOB 03/18/88) The children are presently in the custody of Tamar A. Walker, who resides at 25 Broad St., NewvIlle, Cumberland County, Pennsylvania 17241. During the past five years, the children have resided with the following persons and at the following addresses: Persons Tamar A. Walker Shannon Walker Kasey Walker Addresses 25 Broad St. Newville, PA 17241 Dates August 1, 2001 until Present Tamar A. Walker William H. Walker Shannon Walker Kasey Walker 115 South Side Dr. Newville, PA 17241 September 1, 1998 until July 31, 2001 v Tamar A. Walker William H. Walker Shannon Walker Kasey Walker 31 Fazmington Drive Shippensburg, PA 17257 July 1, 1997 until September 1, 1998 Tamar A. Walker William H. Walker Shannon Walker Kasey Walker 1 Dead End Lane Shippensburg, PA 17257 July 1, 1991 until July 1, 1997 The mother of the children is Tamar A. Walker, currently residing at 25 Broad St., Newville, Cumberland County, Pennsylvania 17241. She is married. The father of the children is William H. Walker, currently residing at 115 South Side Dr., Newville, Cumberland County, Pennsylvania 17241. He is married. 11. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationshin Shannon Walker Plaintiff's and Defendant's Daughter Kasey Walker Plaintiff's and Defendant's Daughter 12. The relationship of defendant to the child is that of father. The defendant does not currently reside with any other people. 13. The 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 party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary cazetaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise pazental duties and enjoys the love and affection of the children; e) Plaintiff will allow frequent and continuing contact between Defendant and the children. f) Plaintiff and Defendant have entered into an Agreement relating to custody of the children, which is attached to this Complaint. 15. Each pazent whose pazental rights to the children have not been terminated and the person who has physical custody of the child have been named as pazties to this action. WHEREFORE, plaintiff requests the court to grant her custody of the children. Date ~ '~ -~ - l~-e-7~~- ~ b-+~ ~--' Matthew P. Hughson Certified Legal Intern .~._. 7 Z~ T S M. PLAC ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 I}~ \ ~' n VERIFICATION I verify that the statements made m the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~ ~~ Tamar A. Walker 4Z'v vYt?flFV:See M` i t-v°~ vv4G1.-3d§di%FEIC3~* aF 1 -'~sl_.: _.~`~:.:: !'~~ ~_ f'~ ~ ~ ~ ~i ~ ~-' ~ ~ G ~~~ ~,C:: '~ °~ ~j C. _V ri C~ c f ~ ~; 0 ~~~ ~ ~_ TAMARA. WALKER, Plaintiff v. WILLIAM H. WALKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIVORCE, CUSTODY NO. O1-S`~~ CIVIL TERM CERTIFICATE OF SERVICE I, Matthew P. Hughson, Certified Legal Intem, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce on William H. Walker, residing at 115 South Side Drive, Newville, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by William H. Walker, Sr. on the ~ -I ~ day of ~~~~°~ ~ 2001, as evidenced by the attached green card. Matthew P. Hughson Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 c~ ~' , ~ cn _n ~;i ors ~ - ~,~ - .~ r. _ I~L.1 "'C .___ J (--' _ ~` ~ C ~ ~ « ^ Complete Items 1, 2, and 3'. Also complete' A. Rec ivedby (Please P 1nt Ceedy) B. D to of D livery / ' ~ ~ ' Item 4 if Restricted Delivery is desired. ~;~, ) ~ ^ ~ ^ Print your name and address on the reverse so that we can return the card to you. i C. Signature 1 ^ Agent ~~ ~~ epe, ^ Attach this card to the back of the mailp / X v~ Add or on the front if space permits ressee ~« . 17 ^ Yes d k em D. Is delivery address kferent from 1. Article Addressed to: If YES, enter delivery address below: ~JNo ~'f~ ~'~~~~ ~C~22 ' Q~rl~ :~ 115~'a~l~G fk~iwer to addressee only - - ~ j~ ,, ~ ~ ~ n~ ~ ~~ ~(/// / ' y ' /«f `/ ,t t/// ~ ~ ~/ 3. S rvice Type ~ Certified Mall ^ Express Mail _ ( ( ~ , ~ / -(""" ~ ^ Registered Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (EMra Fee) Yes 2. Article'Number (Coovarum'sery_ice label) :_ , . ~, .i a - 'S Form 3811, July 1999 Domestic Return Receipt m r ~- tr ' ..D Poste9e $ ~' Certifetl Fee Return Receipt Fee ~ (Endorsement Required) .-a ~ Residcted Delivery Fee ~ (Endorsement Required) D Total Pgatage 8 Fees O m Rec" (en! am (P~se F // ~ (S ~ l l .~ S ~ Sheet, A or P O ~ ~ ~- _1/, D~=t j ~ City te, PW-~------- rv t 102595-99-M-1788 .............. -J ~\,\SLE p UQ~ q~[~ 9 RRgni~ rk ~ ~++((ttjj~l~,','' i 201 , . usPS ~, TAMARA. WALKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE, CUSTODY WILLIAM H. WALKER, Defendant : NO. 01-5486 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 20, 2001. 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 fmal 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 unswom falsification to authorities. /~ Date 0 ~~ ~"'~ Tamar A. Walker c7 C r.,, ~ , ,, r~ ~;' ~" ~ ,: ..._ t~ri C__ =~5 _ r'~' _ ~.-' f ~~ 4~ ~~ ~~ Tamar A. Walker IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE, CUSTODY William H. Wallcer Defendant NO. 01-5486 CIVIL TERM 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 hue and correct. 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: / 0 ~ V Tamar A. Walker im 1 £&~'~93 ~+LYrSY'JW9`.AH5{~~61r' ~"K~ ~y w, ~. v^` I _ _ . [P.~ +~ UJ= a _ ` ri .-- ~ ~:. .C.- ~. _..... - -- . .„' : ; , ~;; ` if ~.:, .ti; -<: ~: ~, ,,~,T TAMAR A. WALKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW r_f _~ IN DIVORCE, CUSTODY ~ ~" WILLIAM H. WALKER, .~,~ ,=~ - Defendant : NO. 01-5486 CIVIL TERM `~ T~` `~ ~~ ~- t3~ EEO .".. f .- AFFIDAVIT OF CONSENT ~i- _~ - ~ =' ~- - ~i t} ~ k ~~ ~4 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 20, 2001. 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 unswom falsification to authorities. Date D p~'- ~v ~ ~ ~1/ William H. Wa1Ler DECEIVED JAN 9 1 ~ Tamar A. Walker IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE, CUSTODY William H. Walker ~ ~-~ C iv ' ' Defendant NO. 01-5486 CIVIL TERM -~ v' ~~[s ::., >C' WAIVER OF NOTICE OF INTENTION TO REOUESTr,' C _ - ENTRY OF A DIVORCE DECREE UNDER j c.;• =.,_ ? ~' §3301(c~ OF THE DIVORCE CODE " (- .. ' ~' .-- G _ -~ cam L 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 falsification to authorities. Dater ,G'~/ ~ G~~~(--/ Wi liam H. Walker Tamar A. Walker, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. : IN DIVORCE, CUSTODY William H. Walker, Defendant NO. 01-5486 CFV1L TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intem, Family Law Clinic, hereby certify that on this 6"` day of February, 2002, I am serving a true and correct copy of Defendant's Affidavit of Consent, Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code, Praecipe to Transmit Record, and Divorce Information Sheet upon Mr. William H. Walker at 197 Farm Road, Newville, Cumberland County, Pennsylvania 17241 by First Class U. S. Mail, postage prepaid. Date Mega Malone Certified Legal Intern FAMILY LAW CLII~IIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 53n.'a~rAS+ a ~ ~ .. - ,.. „ .~.,t.:af~arFadNB! '..e:.. -.aa;:~es-u .._. .. .., C 7V G ~:. ! -<. s - C'_: ~a _.' .. ~j _ a, ~ -;: ,.,. .., ~I Tamar A. Walker, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. IN DIVORCE, CUSTODY William H. Wallcer, Defendant NO. 01-5486 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intem, Family Law Clinic, hereby, certify that on this 316 day of January, 2002, I am serving a true and correct copy of Plaintiffls Affidavit of Consent and Plaintiffls Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code upon Mr. William H. Walker at 97 Farm Road, Newville, Cumberland County, Pennsylvania 17013 by First Class U. S. Mail, postage prepaid. C 31 D Z u~,~~. Date Meg alone Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 (7 rn r''' -~ ;~.i 4- - r ~~ _ ~ _ -C.r. ,- r:~ ~, _ G~= °~ =C] ' Dc =i" J7 ~~ ~~ 1(~`~\, V `. ~ r, AC[ S TAMARA. WALKER, IN THE COURT OF COMMON PLEAS OF'"EP t ' " ZY001 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DIVORCE, CUSTODY WILLIAM H. WALKER, Defendant NO. 01~~ CIVIL TERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, made this~day of-2001, between Tamar A. Walker, hereinafter mother, and William H. Walker, hereinafter father, concerns the custody of their children: Shannon Walker, born June 1, 1985, and Kasey Walker, born Mazch 18, 1988. Mother and father desire to enter into an agreement as to the custody of their children. Mother and father agree to the following: 1. The mother and father shall shaze legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall exercise his right to partial physical custody of the children every other weekend from Friday at 5 p.m. until Sunday at 5 p.m.. 4. Mother and father shall share custody of the children on Christmas and Easter as follows: Mother shall have custody of the children from at least 6:00 p.m. on Christmas Eve until 12:00 p.m. on Christmas day. Father shall have custody of the children from 12:00 p.m. on Christmas day until 8:00 p.m. on Christmas day. On Easter, Mother shall have custody from at least 8:00 a.m. until 1:00 p.m. Father shall have custody on Easter from 1:00 p.m. until 7:00 p.m. ~ r4 5. The mother shall have custody of the children on Mother's day, and the father shall have custody of the children on Father's day from 9:00 a.m. until 8:00 p.m. 6. The mother and father shall be entitled to reasonable telephone access with the children while the children are in the other's custody. The parties shall keep one another advised of their current address and telephone number. 8. The father and the mother will notify each other of all medical care any child receives while in that parent's care. The father and the mother will notify the other immediately of medical emergencies which arise while any child is in that parent's care. 9. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 10. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. r~ C> ~;~ -., cr cn ~ U ~i .~ ... .~ ~- ; ~-: }: _ ~W~ ~r; -r - ; . ' ~~ ~p ~ -' ~~ tea, ,{ Tv ., A,. ~ 1~ 11. Father has been informed and understands that the Family Law Clinic represents only the mother's interest and that it cannot give him legal advice except that he should contact his own attorney. Father understands this and has chosen to proceed without counsel. William H. Walker, Defendant Tamar A. Walker, Plaintiff Matthew P. Hughson Certified Legal Intern L as M. Place Robert E. Rains Teri L. Henning SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER And now, this ~ day of ~ ,_2001, the foregoing Agreement is approved and entered as an Order of the aP''flo~ C~ ~. '- C~~a+kJi~'_' °AN~sk3P~pt~ix^~dA~ia.i3ks&sm z 4r V,n§M'.{3a.leFC.am~rzti - -- 1flp~ewkYblRIYX~wAfi6 F~ _. ~' ~~ ~~ ;? if, 'f ~ ~~ y;` `} .(y y `J' _°,~