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HomeMy WebLinkAbout03-5454STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~93.0'z-/.4-z~' Civil Term ACTION 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 divome 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. Where the ground for the divorce is indilptities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKEIL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C)..~ - ~6~q'O~ Civil Term ACTION IN DIVORCE COMPLAINT 1N DIVORCE 1. Plaintiffis Steven J. Walker, a competent adult individual, who has resided at 526 N. Bedford Street, Carlisle, Pa. 17013, for the past thirty-two (32) years. 2. Defendant is Lois A. Walker, a competent adult individual, who has resided at 2349 N. 58th Street, Milwaukee, Wisconsin, 53210 since 2001. 3. Plainfiffhas been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4, The Plaintiffand the Defendant were married on February 6, 1971 in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in connseling. 7, Plaintiff and Defendant have two children together, however, both are adults. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiffor Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiffavers that the grom~ds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiffrequests the court to enter a decree in divorce. I verify that the statements made in this Complaint are tree 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. Respectfully submitted, .No. 79465 South Pitt Street 'lisle, Pa. 17013 ~17) 245-8508 ATTORNEY FOR PLAINTIFF STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. d~3. ~-~.5---/r~ Civil Term : : ACTION IN DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated on June 8, 2001 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 my rights concerning alimony, division of property, lawyer's fees or expenses ifl 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. Steven J. Wal~, Plaintiff STEVEN J. WALKER, Plaimiff : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03 - 5454 Civil Term : LOIS A. WALKER, : ACTION IN DIVORCE Defendant : AFFIDAVIT OF SERVICE AND NOW, this November 4, 2003 I, Jane Adams, Esquire, hereby certify that on or about October 25, 2003, a certified tree copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND AFFIDAVIT OF SEPARATION were served, via certified mail, return receipt requested, restricted delivery, addressed to: Lois Walker 2349 N. 58th St. Milwaukee, WI 53210 DEFENDANT Respectfully Submitted: /~an~ Adams, Esqui e // I.I~. No. 79465 I ~6 South ]?itt Street ~-~ Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · Complete item 4 if R · Print your so that we · Attach this or on the fr 1. Article Addre ~ms 1, 2, and 3. A~so c _ ery Is desired. ,,re and a~dress on the reverse In return the card to you. {rd to the back of the maiipiece, t if Space permits. · ~ervlce Type ~ ~ Certified Mail J~ Express Ma/{ " [-1 Registered [~ Return Receipt for Merchandise / .-~ . 2. Article Number ~ 4. Restricted Del~w~ PS For~ JANE ADAIVI$ ATTORNEY Al' LA'N 36 $. pITT STREI~T STEVEN j. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5454 Civil Term : : ACTION IN DIVORCE ; AFFIDAVIT OF SERVICE_ AND NOW, this December 1, 2003 I, Jane Adams, Esquire, hereby certify that on or about November 29, 2003, the Notice of Intent to Re uest Final Decree in Divorce and Counter-Affidavit, copies of which are attached, were served, via certified mail, return receipt requested, restricted delivery, addressed to: Lois Walker 526 N. Bedford St. Car/isle, Pa. 17013 DEFENDANT Respectfully Submitted: ) /~ I.D. No. 79465 ' 36 South Pitt Street Carlisle, Pa. 17013 (717) 245~8508 ATTORNEY FOR PLAINTIFF STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5454 Civil Term : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVOR E DECREE Lois A. Walker 526 N. Bedford St. Carlisle Pa. 17013 DATE: November 26 2003 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, on or after December 16. 2003 the Plaintiffcan request the Court to enter a final decree in divorce. -- - If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, ou must do so by the above date or the Court may grant the divorce Y ask for economac rehef. A COUNT -A and you lose forever · ' the right to Unless you have already filed with do so by the above date or the court the court a written claim for economic relief, you must may grant the divorce and you will lose forever the right to ask for economic relief.. The filing of your counter-affidavit alone does not protect your economic claims. YOU $1tOULD TAKE TItIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT/lAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPItONE T}IE OFFICE SET FORTIt BELOW TO FIND OUT WItERE YOU CAN GET LEGAL ItELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 - 5454 Civil Term : : ACTION IN DIVORCE COUNTER-AFFIDAViT UNDER SECTION 3301 d of the DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. ~_(b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) __(i) The parties to this action have not lived separate and apart for a period of at least two years. __(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): __(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, 1 ' them before a divorce is granted, awyer s fees, and expenses ifI do not claim _ (b) I wish to claim economic relief which · · · . . lawyer's fees, or expenses or other Important rights, may include alimony, dlmsmn of property, · I .understand that in addition to checking (b) above, I must also file all of my economic ,clams w~th the Prothonotary in writing and serve them on the other party. IfI fail to do so oe~ore the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. · . . ,,~,~,,~ am. ~naae suoject to the penalties of 18 Pa.C.. relating to unswom falsification to authorities. S §4904 Date: Lois A. Walker, Defendant NOTICE: If you do not wish to oppose the entry ora divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and addm~s.e~'l*tl~ reverse so that we can return the card tO you;' · Attach this card to the back of the ~lpiece, or on the front if space perr~{s: [] Agent [] Addressee Printed Name) C. Date of Delivery D. Isdeliveryaddressdtfferentfromlteml? []Yes If YES, enter delivery address below: [] NO 3. Service Type 11 ['1 Express Mail ['1 Return Receipt for Merchandise [] Insured Mall ['1 C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 7003 1010 0004 7818 6367 PS Form 381,1, August 2001 Domestic Return Receipt 102595~2-M-1540 UN TED STATES POSTAL SERVICE · Sender: Please print STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5454 Civil Term : : ACTION IN DIVORCE AFFIDAVIT OF NON-MII,ITARY SERVICE Plaintiff, STEVEN Jo WALKER, deposes and says that he is the Plaintiff in the above- captioned matter; that she personally knows that LOIS A. WALKER, Defendant, is over the age of 18 years; and that she currently lives in Carlisle, Pennsylvania. Plaintiff further avers that Defendant is not in the Military Service or in any branch of the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress of 1940 and its Amendment. Plaintiff verifies that the statements made in this Affidavit are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: Steven J. Wai~i!, Plaintiff STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5454 Civil Term : : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Lois A. Walker 526 N. Bedford St. Carlisle. Pa. 17013 DATE: November 26. 2003 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) aiT~davit. Therefore, on or after December 16, 2003 the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the fight to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. 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 St. Carlisle, Pa. 17013 (717) 249-3166 STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5454 Civil Term : ACTION 1N DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) of the DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) ~(i) The parties to this action have not lived separate and apart for a period of at least two years. __(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Lois A. Walker, Defendant NOTICE: If you do not wish to oppose the entry ora divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. STEVEN J. WALKER, Plaintiff VS. LOIS A. WALKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5454 Civil Term : : ACTION IN DIVORCE : PRAECIPE TO TRANSb~T 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(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted delivery, delivered on: ~) ~ ~ ~._;- '~ ~)",OC~.~ 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff: Date of filing and service of the plaintiffs affidavit of separation required by §3301(d) of the Divorce Code on respondent: Filed: Served on Defendant: ~) C.~c.~e~,,-' ~:,~" Affidavit of Service filed: 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Respectfully Submitted: ams, Esquire o. 79465 36 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 1N THE COURT OF COMMON PLEAS Steven J. Walker, Plaintiff OF CUMBERLAND COUNTY STATE Of PENNA. No. 03 - 5454 Civil Term NO. VERSUS Lois A. Walker, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE Stevcn J. Walker Lois A. Walker , IT IS ORDERED AND , PLAINTIff, , DEFENDANT, ARE DIVORCED fROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. ATTEST: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CU3ffBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one 6y marking "x"] prior to the entry ora Final Decree in Divorce, or )~ after the entry of a Final Decree in Divorce dated /4/~ ~/~ ~ , hereby elects to resume the prior surname of ~ ~} ~q/,~'/ , and gives this written notice avowing his / her intention pursuant~e pp~i~ions of 54 P.S. 704. Date: ~/~//d~ /~ ~/z/~/~~ Signature COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~ On the ~day of k~O~j ,200_~ before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL CLAUD A A.,BREWBAKER, NOTARY PUBLIC Carlisle Bore, Cumberland County My Commission Expires April 4, 2005 Notary Public