The URL can be used to link to this page

Home My WebLink About07-1881416 BRENDA WALMER, Plaintiff VS. JERRY A. WALMER, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i No. CIVIL ACTION - AT LAW - IN DIVORCE 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 the 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 the 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 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BRENDA WALMER, Plaintiff vs. JERRY A. WALMER, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . No. & -7- /1', / Ctt. l T,.1 CIVIL ACTION - AT LAW - IN DIVORCE DIVORCE COMPLAINT WITH CUSTODY CLAIM The Plaintiff, Brenda Walmer, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Brenda Walmer, is an adult individual who currently resides at 2110 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Jerry A. Walmer, Jr., is an adult individual who currently resides at 2110 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on October 16, 1997, in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff and has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION § 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as' the Court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT III - CUSTODYNISITATION - § 5303 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. There is one dependent child to this marriage, namely, Jerry Walmer, born February 16, 1997 (age 10). The child was born out of wedlock. 13. The Plaintiff seeks primary physical custody, partial physical custody or visitation of the child of this marriage. 14. The minor child is presently in the custody of the Plaintiff and Defendant, who currently reside together at 2110 Wentworth Drive, `Camp Hill, Cumberland County, Pennsylvania 17011. 15. During the past five years, the child has resided at the following address with the following persons: Dates: Addresses: 1999 - present 2110 Wentworth Drive Camp Hill, Pa List All Persons: Mother, Brenda Walmer Father, Jerry A. Walmer, Jr. . 16. The Mother of the child is the Plaintiff, currently residing at 2110 Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 17011. She is married to the defendant. 17. The Father of the children is the Defendant, currently residing at 2110 Wentworth Drive, Camp Hill,. Cumberland County, Pennsylvania 17011. He is married to the plaintiff. 18. The relationship of Plaintiff to the children is that of natural mother. She currently resides with the defendant. 19. The relationship of Defendant to the children is that of natural father. He currently. resides with the plaintiff. 20. The - Plaintiff has not participated as a party. or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested, because: a, Plaintiff can provide the child with adequate, moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue custody of the child. C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 24. Each parent whose parental rights to. the child have not been terminated and the person who hasphysical custody of the child has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Respectfully submitted, Date: 3 3 J Z e 0 7 y , zn . Markley, Esquire Law O ices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 BRENDA WALMER, Plaintiff vs. JERRY A. WALMER, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. CIVIL ACTION - AT LAW - IN DIVORCE WRIFICATION I verify that the statements made. in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 3? Brenda Walmer i V SlJ r -r, r "TJ ? Un r BRENDA WALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007 -1881 CIVIL JERRY A. WALMER, JR., CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY NOTICE TO THE PLAINTIFF IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 10, 2007, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 412_iL0!J Brenda Walmer, Plaintiff FILED -0-?:Fi L OF ? PiRn7wz e)TARY 2009 MAY -1 AM fl: 2 1 Y 9 ! y t j ".6i BRENDA WALMER, Plaintiff V. JERRY A. WALMER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 -1881 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April S, 2007. 2. The marriage of the Plaintiff and the 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: " t Signature: Brenda Walmer RLEf FF4CE OF THE PPOT - r'"?OTARY 2009 JUN 12 Ate 11: 4 0 CSI ? 4d I ; ''All 4 S E- cj 'N?l BRENDA WALMER, Plaintiff V. JERRY A. WALMER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 -1881 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Signature. Brenda W er FILED-OFFtC OF THIE PRO' VI OTIARY 2009 JUN 12 AM 11-. 4 0 PtWOWNANiA Y Marlin L. Markley, Esquire Attorney ID No. 84745 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile marlin@ffclaw.net Attorneys for Plaintiff BRENDA WALMER, Plaintiff V. JERRY A. WALMER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 -1881 CIVIL CIVIL ACTION-LAW IN DIVORCE PROOF OF SERVICE I hereby certify that I have served upon the parties listed below, a true and correct copy of the Complaint in the above captioned matter on the 10th day of April, 2007, by Certified Mail, Return Receipt Requested, Postage Prepaid and addressed as follows: Jerry Walmer, Jr. 2110 Wentworth Drive Camp Hill, PA 17011 Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: l ` 1 S-20d q Marlffi ?. Markley, Esquire Attorne D No. 84745 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Attorney for Plaintiff 0 I M M tr .. m C° 0 CWOBed Fee p Receipt Fee (Endorsem ReturnentRequired) d Er ( 'd rt i eC m d Total Postage & Fees U1 Q to 17- • Complete Rems 1, 2, and 3 Also complete item 4 if Restricted Delivery Is desWed. • Print yaw name and address on the reverse so that we can return the cad to you. • Attach this card to the back of the mailpiece, or on the *ant N space permits. 1. Article Addressed to 2. Article Nurnber 7005 (11ar fW*CmSWVIMAI* PS Form 3811, February 2004 Domestic X X b6 YJ?JP Posbnark Hone ??; i by "emeJ C. Date of Delivery D. Is elhrery d ire" dlftnmt from Poem v 13 Yes If YE3, enter delivery address below: 13 No I Service Tme ? f{ad MW [3 BVM MW 13 Re*tered 13 Retum pwe" for Merarar,di 4 Pasiticted Deltyery9 (Extra Fee) C3 Yes Return Receipt MI 000 I4AS r;93 102591-02-M-1540 2009 JUN 16 P 2: Q 1 :fe ?Ef R BRENDA WALMER, Plaintiff V. JERRY A. WALMER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 -1881 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 5, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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. Date: erry A.)Walmer, Jr. /?? ALED-OF"VICE OJT TH, ! r? i ± 9,mv,,-)TAfZ i 2019 JUN 16 Pili 2.01 CL!Pti16, i_' ,_,1NI° y BRENDA WALMER, Plaintiff V. JERRY A. WALMER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007 -1881 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. 4. 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. Date: _A' --D FILE-01-OFFICE 4i THE lF-R,'-M.!r NjOTApY 2009 JUN 16 PH 2: 01 CU v ? _'5-'UNTY' BRENDA WALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 -1881 CIVIL JERRY A. WALMER, JR., CIVIL ACTION-LAW Defendant 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 § 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified, restricted delivery mail # 7005 0390 0006 3485 6930 delivered on 04/10/2007. See attached Proof of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff 06/0912009 ; by the Defendant 06/10/2009 . (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Date of filing of the Plaintiff's affidavit upon the respondent: Date of service of the Plaintiff's affidavit upon the respondent. 4. Related claims pending. None, all matters settled . 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Tune 12, 2009 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: filed simultaneously with this Praecipe . FOREMAN, FOREMAN & CARACIOLO, P.C. Date: June 15, 2009 M Markley, Esquire 112 M et Street, 6th Floor Harrisburg, Pennsylvania 17101 ID# 84745 Tel. (717) 236-9391 FILED-OFFRCE OF THIE BRIO-` =!1 I 2009 JU?i 16 P 2: 02 r Marlin L. Markley, Esquire Attorney ID No. 84745 Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile marlin@ffclaw.net Attorneys for Plaintiff BRENDA WALMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 2007 -1881 CIVIL JERRY A. WALMER, JR., CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY: Please withdraw Count II - Equitable Distribution from the above captioned divorce matter. Respectfully submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: 2 d Mar ' Markley, Esquire Attorne D No. 84745 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Telephone (717) 236-6602 Facsimile marlin@ffclaw.net Attorney for Plaintiff FILED--0F OE OF roc D E r: 4, TARY 2009 STI 16 PH 2: 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA WALMER V. JERRY A. WALMER, JR. NO. 2007 - 1881 CIVIL DIVORCE DECREE AND NOW, Z' , it is ordered and decreed that BRENDA WALMER plaintiff, and JERRY A. WALMER, JR. defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By th6 Court, Attest: J. ` Prothonotary ?9 oq