HomeMy WebLinkAbout04-5003TERRY WALCK,
Plaintiff
: 1N THE COURT OF COMMON PLEAS OF
: CU]VlBERLAND COUNTY, PENNSYLVANIA
VS.
TAMMY WALCK,
Defendant
: CXWL ^CT ON - LAW
i NO. 2004-.590-3
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM OF RIGHTS
You have been sued in Court. If you wfsh 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 plaintirT 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 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 counseling 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, 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 A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWh~ER 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, Pennsylvania 17013
(717) 249-3166
TERRY WALCK,
Plaintiff
VS.
TAMMY WALCK,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2004 - 5'g~oo
: IN DIVORCE
COMPLAINT UNDER SECTIONS 3301 (c} and 3301{d) OF THE DIVORCE CODE
NOW comes Plaintiffand for cause of action against Defendant who says:
COUNT I - DIVORCE
Plaintiff is Terry Walck, who resides in Mt. Holly Springs, Cumberland County,
Pennsylvania with a mailing and street address of 24 South Baltimore Avenue, Apt. I, Mt.
Holly Springs, PA 17065.
Defendant is Tammy Walck, who resides in Boiling Springs, Cumberland County,
Pennsylvania with a mailing and street address of P.O. Box 86, 105 Walnut Street, Boiling
Springs, PA 17007.
Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least
six months immediately previous to the filing of this complaint.
Plaintiffand Defendant were married on September 11, 1999 in Cumberland County,
Pennsylvania.
There have been no prior actions for divorce or annulment of marriage between the parties
in this or any other jurisdiction.
The marriage is irretrievably broken.
Plaintiff has been advised of the availability of counseling and that Plaintiff may have the
right to request the court to require the parties to participate in counseling.
Defendant is not a member of the Armed Services of the United States or any of its allies.
The causes of action and sections of the Divorce Code under which the Plaintiff is
proceeding are:
A. Section 3301(c): The marriage is irretrievably broken.
B. Section 3301(d): The marriage is irretrievably broken and the parties have been
living separately and apart. If the parties do not agree to proceed under Section 3301 (c) of the
Divorce Code, the Plaintiff will submit an Affidavit alleging that the parties have lived separately
and apart for at least two (2) years and that the marriage is irretrievably broken, once the parties
have live separate and apart for two years. The parties separated on September 6, 2004.
WHEREFORE, Plaintiffrequests your Honorable Court to enter a Decree of Divorce,
divorcing the parties from the bonds of matrimony.
Respectfully submitted,
Esquire
Attorney for Plaintiff
Law Offices of LopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S Section 4904 relating to unsworn falsification to authorities.
Date:/d2 -/- c~,c.-"
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this -.1J1!'day of 9 ~(f
between TERRY WALCK, (hereinafter referred to as "HUSBAND") and TAMMY WALCK,
, 2005, by and
(hereinafter referred to as "WIFE").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on September 11, 1999, and
separated on or about September 6, 2004; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligation as between each other, including, but not limited to
the settling of all matters between them relating to the ownership and equitable distribution of real
and personal property, the settling of all claims and possible claims by one against the other or
against their respective estates, and the equitable distribution of property and alimony for each
party.
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 or 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) Is represented by counsel of his or her own choosing, or if not represented by
counsel, understands that he or she has the right to counsel: HUSBAND is
represented by Megan Malone, Esquire of Lopez Neuharth LLP; WIFE is
represented by Nathan Wolf, Esquire;
(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) Is entering into this Agreement voluntarily after receiving the advice of counsel
or after choosing not to consult an attorney;
(4) Has given careful and mature thought to the making of this Agreement;
(5) Has carefully read each provision of this Agreement;
(6) Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect of each provision.
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 40 I ( 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 desire, 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
marnage.
7.
REAL ESTATE: HUSBAND has transferred all right, title, and interest which he may
have in that marital property located at 105 Walnut Street, Boiling Springs, Cumberland County,
Pennsylvania 17007, and any improvements thereon to WIFE and releases all claims which he
may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any
outstanding payments on any mortgages on said property, as well as all real estate taxes,
insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any
obligations on said payments and indemnifY him if any claim is made against him.
In exchange, HUSBAND will pay to WIFE the sum of$7,500.00 over the course of three
years, to be paid in monthly payments of $208.00 beginning in July, 2005.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and
that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any
other financial support to HUSBAND. The parties thereby waive any rights they have to
received spousal support, alimony or alimony pendente lite payments from the other prior to or
following the entry of the Divorce Decree in this matter.
9.
PERSONAL PROPERTY: The parties agree that the personal property has been divided
to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may
have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title
and interest which he has in the personal property of 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 belong to HUSBAND or WIFE with full power to HUSBAND
or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if
he or she were unmarried.
10.
AUTOMOBILES: The parties agree that the automobiles have been divided to the
parties' mutual satisfaction. WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently owns or any vehicle he 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
owns or any vehicle she 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.
11
MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnity HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' mutual 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 indemnity and
save 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 indemnity 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 indemnity
and save WIFE harmless from any and all claims or demands made against her by reason of debts
or obligations incurred by him. The parties further acknowledge the existence of credit cards in
their own names for which each shall be responsible for the payment of and indemnify and hold
harmless the other party from said balances.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any employee
benefits of HUSBAND or WIFE including but not limited to retirement, profit sharing or medical
benefits of either party, shall be their own. HUSBAND waives all right, title and claim to
WIFE'S employee benefits, and WIFE waives all right, title and claim to HUSBAND'S
employee benefits.
13.
BENEFITS. STOCK 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
HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may
have in the savings or checking or any other bank accounts of WIFE.
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 ofIegal 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.
17.
VOLUNTARY EXECUTIONS: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, are fully understood by both
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, an that it is not the result of any duress or undue influence. It is the
parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall
continue to have independent contractual significance. Each party maintains his or her contractual
remedies or any other remedies provided by law or statute. Those remedies shall include, but not
be limited to, damages resulting from breach of this Agreement, specific enforcement of this
Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
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 mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and
costs incurred in the settlement of the divorce and economic issues surrounding this 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, courtesy, 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:
LfIJl/{J '[ w~-
" .i".,"Ltl' })
(,'111..1n ',oJ '(. i- ~
TAMMY W~LCK
(SEAL)
JJt14-1 fi~
~1 JJ.1
TERR WALCK
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 17 day of }W//fJ1
2005, a Notary Public" TAMMY WALCK, 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.
COMMONWEALTH OF PENNSYLVANIA
_Seal
NaIhan C. Wolf.. NoIsry PublIc
Ca/tIsIll Boro, Cunlbeltalld county
MyCommisslon Expinls Apr. 19, 200lI
Member, Pennsylvania Assootatlon Of NotarIea
A/2~
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
L
day of, "'j
I
2005, a Notary Public, , TERRY WALCK, known to me (or satisfactorily proven) to be the
PERSONALLY APPEARED BEFORE ME, this ,;.1,.
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.
/i:4", J/( !4:..1'~ ~-
Notary Public B
~."".....qaU ir: 'I.
NOTARIAL SEAL
KATHRYN M. HUNTZINGER, NOTARY PUBLIC
CARLISLE BORO., CUMBERLANO COUNlY
MY COMMISSION EXPIRES FEBRUARY 21, roos
(:~
t:;
:.;t::
!'>
0'
'-:f\
-.::)
:.~
::?
(;:.;1}
_nin
""9
(:(~(~,
'r?jen
-:;~4
~)S
,.<
(f?
r
C-?
v
TERRY WALCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: CIVIL ACTION - LAW
TAMMY WALCK,
Defendant
: NO. 2004 -
: IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint for the above captioned case. I certify that I am
authorized to accept service on behalf of the Defendant, Tammy Walck.
Respectfully submitted,
Date:
/tJ1)CJ Y
/ '
01 squire
th anover Street, Suite 201
,PA 17013
~
V~'.._,
~~
<--
-;;;.
.....
X'~
Cr"
.-0
-<
"",._~
q'\
:::I......
-:c...~,.
,-1, ~f'\
:Wq
"C
"-~~<.':
..~ -:\
?)?~~
,>...,1\
l,:O::\
".:>
..
C
-0
.'
'::)1:.
-
TERRY WALCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
T AMMY WALCK,
Defendant
: NO. 2004-
: IN DIVORCE
AFFIDAVIT OF CONSENT
1 A complaint in Divorce under S 3301(c) of the Divorce Code was filed on October 4,
2004.
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.
4. I understand that I may have rights concerning alimony, division of property, lawyer's
fees or expenses in 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. S4904 relating to unsworn
falsification to authorities.
Date I' !'7. 0 .-;-
-1, 1
T:~~~\V~;~~
'.,/
J ..,
2.1 lll; {; J 2
~
~:,;:']<
,:.J"
<-
_po
';~
q,
-1--,-,
(n{;~
,...-,,4fn
:}JS:
:,~~?>
...;"-'-;
17>
'~~
~
,1"'
.-c
?
c,,,)
..
.t:'
o
-
TERRY WALCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
T AMMY WALCK,
Defendant
: NO. 2004 -
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST 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! 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 Waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.CS. S 4904 relating to unsworn
falsification to authorities.
Date:
1- 17 0-)
~j
( Of:,) I tq. \oV\"
Tammy Wale
r->
.-;>
(~::::>
""
'-
~:
-'-
N
(1'
-a
:::~
o
~'T1
?--..
fnf''::;:;'
-n (11
:(?Y
~.:~!<?,
,"')" ~;j
~<t)
<K'il
~,O
:-<-
<(:
r:-
o
TERRY WALCK,
Plaintiff
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYL VANIA
vs.
. CIVIL ACTION - LAW
T AMMY WALCK,
Defendant
. NO. 2004-
. IN DIVORCE
AFFIDAVIT OF CONSENT
I. A complaint in Divorce under g 3301(c) of the Divorce Code was filed on October 4,
2004.
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.
4. I understand that I may have rights concerning alimony, division of property, lawyer's
fees or expenses ifI 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. g4904 relating to unsworn
falsification to authorities.
Date/ -/2 -0_5
.~
(~L
.->
%?
cJ'
<-
~
';:..",,'
-~
\";)
<1'
~
.-1
-C--n
"\:tl ~'"'_~
~ryr'l
""",0
"':) 1-
'~~:~ S.li
"'I. ~\:1,
l,2~\
"<"ri\
~~;\
~{:;o-'
~-r'l
-0
-;~
0.'
.'
.,- -"'...
'0
-
TERRY WALCK,
Plaintiff
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
vs.
. CIVIL ACTION - LAW
T AMMY WALCK,
Defendant
. NO. 2004-
. IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 330l(c) Ole 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! 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 Waiver 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/-/2-05
T~ Ji.L
0 ....., 0
<;".:;;:t
c~ ;::.'::> -n
CT'
.-'
'- ::f ,1
:::c;.
-,,'" 111 r~'::'
...,1;.. -Cirn
N :d'(
Cf' 0-
""'1.~ ,Xt~
~.
-"y"
Cf! _I
.r !6
CJ .<
-
TERRY WALCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
T AMMY WALCK,
Defendant
: NO. 2004 - 5003
: 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 9330I( c) of the Divorce Code.
2. Date and manner of service of the Complaint: Mailed to Defendant's Attorney by
United States first class mail, postage prepaid. Defendant's Attorney accepted service of the
Complaint on October 6, 2004.
3. Date of execution ofthe Affidavit of Consent required by 93301 ( c ) of the Divorce
Code: by Plaintiff, January 12, 2005; by Defendant, January 17, 2005.
4. Related claims pending: None. Marital Settlement Agreement filed
contemporaneously with Praecipe to Transmit. Agreement will not be merged with the Divorce
Decree, but will continue to have independent contractual significance.
5. Date Plaintiff's Waiver of Notice in 3301 ( c ) Divorce was filed with the
Prothonotary: January 26,2005. Date Defendant's Waiver of Notice in 3301 (c) Divorce was
filed with the Prothonotary: January 26, 2005.
!,~~
Attorney for Plaintiff
Law Offices of Lopez Neuharth LLP
401 East Louther Street, Suite 10 1
Carlisle, P A 17013
(717) 258-9991
,.."
~;"
\::-;~:;.
<:J1
()
-1'1
.-l
XI1
fl'{',:,
'~!:Jnl
:00
(:~~(:)
!::n
f::;!C>
,::h-r"n
,.)
...--1
1'~"
::[.1
--<.:
<:...
;;i:,";n
:;r:
,"-,
cr,
""0
:J'::
<-;''1
.r:-
o
-
.. .
. .
. ..
..
. .
.
.
.
.
.
.
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA,
.
.
.
.
STATE OF
TERRY WALCK,
.
.
.
.
.
.
.
.
.
.
.
.
.
PLAINTIFF
No.
04-5003
VERSUS
TAMMY WALCK,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
DEFENDANT
DECREE IN
DIVORCE
~
TERRY WALCK
"2--
-;:~..r-:-;T IS ORDERED AND
AND NOW,
.
.
.
DECREED THAT
, PLAINTIFF,
.
.
TAMMY WALCK
AND
, 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
VET BEEN ENTERED;
NONE.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
, ~
.;.
"<" '. ~ .
. -
r , ,. ,
, , "
. - ...
.
Bv TH
" ,'-
--"
ATTEST: J.
~~P"O'HONO'^"~
"
,.
J......'....,~.. .~
'!!I.', ~jIo" f'
~ -
'+"'''t''t':t'
. .
'fi'ti",'!;;f'f'f.'fi
'f.;f.;+''f.:t:
. . .
.
..
.
.
'f!'fi +''f.'f.:+;
..
'.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. ..
rf/vC'7 yc?!? t{:l->.~I /;l*'.?i,
___/PIV fp' ;7 /{T"""> Mi> ,v,'
5cl f C'
X7 j1 r<-.