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Home My WebLink About06-5355CINDY-MARIE WALKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVIA vs. CIVIL ACTION - LAW LESTER P. WALKER Jr., No. 2006- Defendant 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 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 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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, Pennsylvania 17013 (717) 249-3166 CINDY-MARIE WALKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVIA VS. CIVIL ACTION - LAW LESTER P. WALKER, Jr., No. 2006- 4'3 J' 5' Defendant IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c), or 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Cindy-Marie Walker, an adult individual who currently resides at 147 East Baltimore Street, Hagerstown, Maryland 21740 since July 25, 2006. 2. Defendant is Lester P. Walker, an adult individual who currently resides at 61 Peachy Ann Drive, Newville, Pennsylvania 17241 since August 2004. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 7, 1992 in Levittown, Pennsylvania in Bucks County. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) -the marriage is irretrievably broken. b. Section 3301(d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken The parties have lived separate and apart since July 25, 2006. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully Submitted, &'V W. Scott Arnoult, Atty. ID No. 92129 Attorney for Plaintiff Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this Complaint 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: ?ccu_. 9 1oO G (? Cindy-Marie Walker ?> CINDY MARIE WALKER, Plaintiff V. LESTER P. WALKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-5355 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE MOTION TO WITHDRAW APPEARANCE AS COUNSEL OF RECORD AND NOW comes Petitioner, Aaron J. Neuharth, Esq., of the Neuharth Law Offices, attorney for Plaintiff who respectfully moves the Court as follows: 1. Respondent, Cindy Marie Walker, who is the Plaintiff in the above-captioned action, hereinafter "Respondent," retained W. Scott Arnoult, Esq. of Petitioner's office on or about August 2006 for representation with her divorce matter. 2. Said counsel mentioned to the undersigned on a few occasions that Respondent was not listening to his advice. 3. Said counsel also mentioned to the undersigned that respondent had also insulted him on a few occasions. 4. The undersigned spoke with Respondent over the telephone on or about November 14, 2006, and Respondent mentioned to the undersigned that she filed a support action in Maryland. 5. The undersigned mentioned to Respondent that said support action should have been filed in the Cumberland County Domestic Relations Office. 6. Respondent stated that she could file in Maryland where she is now residing. 7. Respondent then became confrontational with the undersigned and handed the telephone over to her paramour, Mr. Brett Aldrich. 8. Mr. Aldrich then told the undersigned that he has three and one half years of law school training and in essence that he knows how Respondent's case should proceed. 9. Mr. Aldrich then insulted the undersigned regarding our ability to competently represent Respondent. 10. It appears that Mr. Aldrich is directing Respondent in this matter more so than the offices of the undersigned. 11. The undersigned disagrees with the legal direction that Mr. Aldrich is apparently pushing Respondent. 12. Since Respondent is not listening to the advice of the undersigned's office, it does not appear that she needs to pay for advice that she does not follow. 13. Respondent and/or her above-mentioned paramour have directed insults toward W. Scott Arnoult, Esq. as well as the undersigned. 14. Given the above-mentioned insults and confrontational demeanor of Respondent, further representation of Respondent by the undersigned's office is no longer possible, for a workable attorney/client relationship has been damaged. WHEREFORE, counsel for Plaintiff respectfully requests leave to withdraw appearance as counsel for Plaintiff. Respectfully submitted, Date: I V Qi/ -. c;Q r Aaron J. Neuharth Id. No. 88625 Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. l 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: dG?Ok Uv?, ---- Aaron J. Neuharth -71 - CINDY MARIE WALKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5355 CIVIL V. CIVIL ACTION - LAW LESTER P. WALKER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of the Motion to Withdraw Appearance as Counsel of Record filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record for the Plaintiff; 2. The Parties will file an answer on or before January 2, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Xaron J. Neuharth, Esquire eitioner ,,6indy Marie Walker Plaintiff J /ester P. Walker Defendant bas M. L. Ebert, Jr., J. ?, ? ? ,-, , .s.. ` 7' , ?=. ?,?% :' ?.. ? - y ??:_ ? ; '? ? ?... ' .=?r "* {?i ?` ? '??1. ? ?? ? ?? ?+^? Li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Cindy-Marie Walker, Plaintiff Vs. Lester P. Walker, Jr., Defendant * Case No.06-5355 * * * Action in Divorce * * * AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Pennsylvania Divorce Code was filed with this Honorable Court on September 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from 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 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.A., Section 4904 relating to unsworn falsification to authorities. Date Cindy-Marie Walker Embossed Hereon Is My Washirlibn Counq, Maryland Notary Public Seal My Commission Expires September 1 2010 GLORIA C. SCHLOTfERBECK ? C czn? C30 i f CA3 F: CZ) ;fir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Cindy-Marie Walker, Plaintiff Vs. Lester P. Walker, Jr., Defendant * Case No.06-5355 * Action in Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Para.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 the 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.A., Section 4904 relating to unsworn falsification to authorities. f1--00J-' Date ?w Cindy-Marie Walker Embossed Hereon Is My Washftloa County. Maryland Notary Pubk Seat My Commission Expires September 1 2010 GLORIA C. SCHIO?1ERBECK iTf ® C r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Cindy-Marie Walker, * Case No.06-5355 Plaintiff Vs. * Action in Divorce Lester P. Walker, Jr., Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Pennsylvania Divorce Code was filed with this Honorable Court on September 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from 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 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.A., Section 4904 relating to unsworn falsification to authon es. 4, 5-o? Date ester P. Walker, Jr. rs me 01is S.+ and subs bed 1010 t COMMONWEALTH OF PENNSYLVANIA Kale D" ft NOWY M* Fah T") . &xM MurKy W Ouiv, 0 E*k AJy 3.2011 Member, Pennsylvanle Assodatlon of Notaries t7 ^a O t„ F p 'i r, -c a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Cindy-Marie Walker, * Case No.06-5355 Plaintiff Vs. * Action in Divorce Lester P. Walker, Jr., Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Para. 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 the 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.A., Section 4904 relating to unsworn falsification to authori es. se q-0( Date Lester P. Walker, Jr. COMMpNWEA IN OF PENNSYLVANIA Sworn and subsarihed fzefora me this _ K81b pKdello, Nowy Pubic Fab T%*, ft"CW* ?r `ate,,,; My CorrxMeelon E)pM'ee JuIY 3,Z011 1G? x' Member. Pennsylvania ASSW Gon of Notsrhs ?? ? N ° : ?, - try ?=.; , , ? - ? . ? rr r ? r-=- ? - __ .? "?"_ ,? 4 M} C7`r . ? ? ?? ? ; ?, r. -. ..`?.. Feb 07 07 08:36p Brett 2404299005 P.6 232 Lincoln Way East • P. 0. Box 359 ----- -?. Chambersburg, PA 17201 Telephone: (717) 264-2939 F6c:(717)263-2928 CINDY MARIE WALKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. d G- 5 3 5 t?.(ur^ LESTER P. WALKER, Defendant Affidavit of Service 1, W. Scott Arnouit, of the Neuharth Law Offices, hereby state that on September 21, 2006, 1 mailed by First Class U.S. Mail and by Certified Mail, No. 7005 1820 0002 4614 818 1, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Lester P. Walker, at 61 Peachy Ann Drive, Newville, Pennsylvania 17241, the last known mailing address of Defendant, which documents were received on September 23, 2006, as evidenced by the attached Domestic Return Receipt. (See Attached Exhibit "A"). r W. Scott Arnoult Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 'VINV/ ASNN3d fir,() ... ?tItvv?'?%d 3H1 ?Q 3?l1-?C?Cf3?3 Feb 07 07 08:36p Brett mot PoT cent reRetum RecepPostmark jEndorsement ReWti`Vere ` Restricted OeRver(Endorsement Requ1 u Total Postage & Fees i Q - ent To L-= -- -_J l - ---------- PO Box o. a-_ or 1 3Ye[e . -. - -. - --------- 1 anti w ? ? urpi 13.9 m D ? ? U 0 1q E a ¢ Co ?' Q N W c m m ro ny O w¢ p ftr -r ? D > a, I a0D C' . a 3 m - m ?? = a m4 $ m r and ? a-??m ?, al - 'm ni _ cmi m a O ?? i o D a X d t Q ru co a Ln 7 0 ;-d = 1? i- vt _N C +?., w Qyy?py y. Ct ,? 1 - 0,0- m N cg 170ti ?t a oz qt r ai to y N b wo `-? 43 C Y w Co M 0 0 _ ! m m C) _ CO C) cp r a J b y y 0 C y L Gr J L L .? N D E E c?-mp v z a` ° < r " S ? m r n Q \Q dr t a tz , E U E 0 I O 0 cu i i?l A LL II r~ r ; E j o i 2404299005 p.7 rr1 r r : ..._t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Cindy-Marie Waker Vs. Lester P. Walker, Jr. CASE NO.: 06-5355 PRAECIPE FOR ENTRY OF APPEARANCE To: Prothonotary Please enter the appearance of the undersigned on behalf of the Plaintiff, Cindy Marie Walker. ROBINSON & KOENIG Dated:_ !.D -- 3 - ? S, BY: \nG. KRobinson, Esquire 60 East Middle Street Gettysburg, Pa 17325 (717)334-3341 s. ? .., --? ..,;- ,?_. -- . u? :_: .?- ? r ? _ v c:. N --? .? ?t W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy-Marie Walker * No. 06-5355 Vs. Lester P. Walker, Jr. * Action 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: Served by certified mail, return receipt requested, on September 23, 2006. 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 plaintiff: 09/11/08 By defendant: 09/09/08 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) (a) Date of filing of Plaintiff's affidavit upon respondent_ (b) Date of service of Plaintiff s affidavit upon respondent. 4. Related claims pending: None. No issues were raised. 5. (Complete either (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 Divorce was filed with the Prothonotary: September 30, 2008 Date defendant's Waiver of Notice in Divorce was filed with the Prothonotary: September 30, 2008 ROBINN KOENIG BY: Kevin'G. Robinson, Esquire Attorney for Plaintiff 60 East Middle Street Gettysburg, PA 17325 (717)334-3341 r.a __ = ?i , :_ ?? - ? 1-s?a ,,?-a, -:> ??: ?' ? ?. '? ?, ? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. nsp- 5355 VERSUS DECREE IN DIVORCE AND NOW, () A 0 is 2,I , , IT IS ORDERED AND DECREED THAT Clr)6LA - I'?GlriP_ ?C1IY-e( PLAINTIFF, rlA AND Lc-sicr ?. WQ?<<er Tr. 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 COURT: ?t --? ATTEST: ?% A% \ J. PROTHONOTARY I-'- a/ lr?A ?r7* 4k