Loading...
HomeMy WebLinkAbout07-0096Dana Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION Gary Dale Walker, Jr. ( NO: 7 - to owt--F1t-?"'! DEFENDANT. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 CHILD(REN). WHEN THE GROUND FOR THE DIVORCE ARE 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 CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE, CARLISLE, PENNSYLVANIA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. LAWYERS REFERRAL SERVICE ' m e d Coudu Assoc, 3L south ,ale PA 17013 Telephone: 7) 7- Zyq - 3l b w For Petitioner Address: Telephone: Dana Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION Gary Dale Walker, Jr. (NO: 01-. 01A DEFENDANT. COMPLAINT IN DIVORCE AND NOW COMES, the Petitioner, Dana Marie Walker, by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follow: 1. The Petitioner is Dana Marie Walker, an adult individual currently residing at 33 Edgewood Drive, Mechanicsburg, PA 17055. 2. The Defendant is Gary Dale Walker, Jr., an adult individual currently residing at 402 Kathleen Street, Pittsburgh, PA 15211. 3. The Petitioner has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Petitioner and Respondent were married on date: October 20, 2001 in the State of Pennslyvania. 5. There are 0 children born of this marriage. 6. Neither party is a member of any branch of military. 7. The marriage is irretrievably broken. 8. The Petitioner, Dana Marie Walker, respectfully requests this Honorable Court to a grant this Divorce pursuant to Section 3301 (c), or in the alternative, Section 3301 (d) of the Divorce Code. Respectfully submitted, Name: Dana Marie Walker Full Address: 33 Edgewood Drive Mechanicsburg, PA 17055 Telephone: (717) 571- 0017 I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904, relating to umswoun falsification to authorities. Dated:. 6W ???? ?O-A'; Dana Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION (NO: D1- ' U?C??2j-?-? Gary Dale Walker, Jr. DEFENDANT. AFDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared Dana Marie Walker, who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of his/her knowledge, information, and belief, and that he/she is authorized to make this Affidavit. T & ? A Name Sworn to and subscribed before me this ?ji,_ day of ?,J 0-00 (3-r to , 200 rl . lslyk. NOTA M PUBLIC NOTA.RIkSM jM S. SWh, NOTARY PUBW glc, ?oM cuffd* l " Y kt CWEOW, r 4.2009 Dana. Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION ( /} (NO: Gary Dale Walker, Jr. DEFENDANT. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared Gary Dale Walker, Jr., who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of his/her knowledge, information, and belief, and that he,/she is authorized to make this Affidavit. Name Sworn to and subscribed before me this STV\ day of a_o u 2001 . ?'J. C?"k NOTARY ILBLIC -PY NOTARKSEAL M•' CWEMV SOMAPd 4, r 71- V W a n C MT t N ji; G N C1.. d Ln 77 a? PR E33 Dana Marie Walker (1N THE COUWI' OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION ( Gary Dale Walker, Jr. (NO: ? ? - 91, 1 DEFENDANT. MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 200, , between PLAINTIFF, Dana Marie Walker, residing at 33 Edgewood Drive, Mechanics Pennsylvania 17055, hereinafter called "Wife," and DEFENDANT, Gary Dale Walker, Jr., residing at 402 Kathleen Street, Pittsburgh, Pennsylvania 15211, hereinafter called "Husband". WITNESSETH WHEREAS, the parties were married on: October 20, 2001; WHEREAS, the parties filed for 3301(c) Divorce on: January 5, 2007; WHEREAS, the parties hereto desire to settle their property rights; WHEREAS, both parties agree to relinquish any and all claims which either may have against any property now owned or belonging to the other or which may hereinafter be acquired by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the obligations, covenants, and agreements contained herein; and WHEREAS, both parties each have had opportunity to seek the benefit of competent and independent legal advise by separate counsel. NOW, THEREFORE, the parties, intending to be legally bound, do covenant and agree as follows: 1. INCORPORATION OF RECITALS The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full. Each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 2. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 3. PROPERTY TO BE RETAINED BY WIFE. Husband and Wife agree that, unless otherwise indicated in this agreement, the Wife shall keep all of her own personal clothing and effects; and that the following property shall also be retained by the Wife: 1990 Chevrolet Corsica. 4. PROPERTY TO BE RETAINED BY HUSBAND. Husband and Wife agree that, unless otherwise indicated in this agreement, the Husband shall keep all of his own personal clothing and effects, and that the following property shall also be retained by the Husband: Tools and mechanical equipment 5. DEBTS TO BE PAID BY WIFE. Husband and Wife agree that the Wife shall pay the following debts and will not at any time hold the Husband responsible for them: All debts in the name of Dana Marie Walker 6. DEBTS TO BE PAID BY HUSBAND. Husband and Wife agree that the Husband shall pay the following debts and will not at any time hold the Wife responsible for them: All debts in the name of Gary Dale Walker, Jr. 7. PENSION AND/OR PROFIT SHARING PLANS, BANK ACCOUNTS, STOCKS, BONDS, SECURITIES, CREDIT UNION ACCOUNTS, AND INDIVIDUAL RETIREMENT ACCOUNTS Husband and Wife distribute the respective accounts as follows: Each will maintain individual personal bank accounts. No other accounts to divide. 8. REAL ESTATE None 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, EXPENSES AND ALL MARITAL RIGHTS Each of the parties hereto release the other from subsequent claims for alimony, alimony pendente lite, or spousal support, except as set forth as follows: None 10. JOINT DEBTS Husband and Wife warrant and certify to each other that there are no individual or joint marital obligations outstanding, other than those listed in paragraphs 5 and 6 above. 11. DIVORCE Husband and Wife agree that the marriage is irretrievably broken and will proceed with said Divorce under 23 Pa. C.A. Section 3301(c). 12. TAX ADVICE The transfers set forth herein may result in income, inheritance, estate, and other tax consequences to the parties. The parties specifically acknowledge that no attorney involved in the negotiating or drafting of this Agreement has provided any tax advised regarding the dispositions contained herein. The parties have been advised to seek separate tax counsel concerning the Divorce distributions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness LAINTIFF fitness DEFEND ' On this h rN day of J G, to U CA r Lr , 200 7 , before me, a Notary Public, the undersigned officer, personally appeared NAMES T)a-A a. K . W a-1 ker and Jr. , known to me to be the persons whose names are subscribed to the written instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary 1hiblic NOTARIALSEAL JOC S. SMffhi. NOTARY PUBUC Carlislr ?ovo Ctnnber?err' ^otu?ty Ilfi OarunINa 'mesni +, 2009 ? o C rnr°i z"IJ " rn=! - CI? ?' 0 t11 U " "? 1t•.1 7 rn Dana Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION ( Gary Dale Walker, Jr. (NO: 2007-00096 DEFENDANT. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 01- 05-2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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. 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 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. Section 4904 relating to unsworn falsification to authorities. Date: n 1 dtJ l? Plaintiff n c 4: Dana Marie Walker (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, (CUMBERLAND COUNTY, PENNSYLVANIA V. (CIVIL DIVISION ( Gary Dale Walker, Jr. (NO: 2007-00096 DEFENDANT. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 01-05-2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) 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. 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. Section 4904 relating to unworn falsification to authorities. Date: -e> 7 1,?1Q S4 qc, cy, V"IVL- (- 4r, Cv-" V-hc e (' u OL U 200 s ct c 1 ?. ee4 C- OFF r $" TWEST L?„ NOARYB Q/} ;res J I ' Cd1?vtM c? u? j VICH Zak s ML L MEEK It "M am as PRff% WV as"a won 'a sxoftj*+I.Sms r-I CM) rn SY' ,1?F''. a lffG* two J T,441 VS. r-?-e yw(a at In the Court of Common Pleas of Cumberland County, Pennsylvania No. ])'CD?~ MO cl b Civil. 19 To Prothonotary afo-7 Attorney for Plaintiff ,1erm,19 ---''" NO. vs. PRp'`??IPE 19 - -'" NO filed ---`'? :---- C' a _, fy MC ;...:_i :..L. C-i form 12 01ino-, Ola i c Wcd k4 (IN THE COUIrr OF COMMON PLEAS OF PLAI1q=, ( (Co m ber I a n coDNTY, PENNSYLVANIA V. Garq Dade Ud?, Jf- DEFENDANT (CIVIL DIVISION ( (No- 6 7 PRAECRE TO TRAM Stiff RECORD To the Prothonotary: Kindly Transmit the Record, together with the following information, to the Can't for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301 (c) or 444 of the Divorce Code (Strike out applicable section-) 2. E-katcand manner of service of the Complaint on or about GIVE DATE: 11zz.-)C7 via (drde one or Certified Mail. (Complete either Paragraph (a) or (b)-) (a) Date of execution of the Affidavit of Consent/ConsentWaiver required by Section 3301 (c) of the Divorce Code: by Plaintiff (7 /ZZ/07 ); by Defendant ( -7 / az/ 67)_ (b) (1) Date of execution of the Plaintiff`s Affidavit required by Section 3301 (d) of the Divorce code: (2) Date of service of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: Related claims pending None Plaintiff Addre :33 &JAf_too6s7 re; & nr PA- o Phi (-? 1-7 ),5 2 1 - V17 5. Date and manner of service of the Notice of Intention to file Praeripe to Transmit Record, a copy of which is attachedY if the Decree is to be entered under Sermon 3301 (d) of the Divorce Code. 191 rv ' C... 3Ln CA> -T-1 rn _TJ r`= ate: ,? Cil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT', PENNSYLVANIA ? Y1GL ?r-T? e l4n Plaintiff r7 - ow Q / Vs File No. / (,o IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of 0 X _C.)S+I f) Z_0 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date:_ 'S71-5)o-7 ov ?{2> Signature 1:: Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the 3 rd day of 200_ 17' 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.} Prothonotary or Notary Public pwmxff [oil WMMW4.M0 T_ N o? T" (W -1 W tei??'"'itrt1? ! f):???V r. '! i 9?;'?t, +r? l,:'?!??l:u r XJ IQ. c XJ ` TJ r? v ^f? V P-J <= O C W CJ N 0 n r 'i .? n o i'T'1 Dana Marie Walker In the Court of Common Pleas of Plaintiff Cumberland County, Pennslyvania Vs No. 2007 -0096 Gary Dale Walker, Jr. Defendant Certificate of Service Gary Dale Walker, Jr. accepted Divorce Complaint in person. Date, Z? d 7 (-Do" - w J-ke,^J r? ?J 0 rQ rr 4 ? `Dana.. Mo f re, lama-C 4v- Plr-;nfi prr- . vs. Go r4 Tez-(-e Oa-lk-crj PRAECIPE Ta To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. Zoo 7 - d CIVIL TERM i TRANSMIT RECORD 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) 3301(4) (1) of the Divorce Code. (Strike out inapplicable section) j ) 2. Date and manner of service of the complaint: I )'Z Z l d `l V i 0- 3. Complete eider paragraph (a) or (b). a. Date of execution of the affidavit of coausent required by 3301(c) of the Divorce code: I by plaizrtiff 717-3 by defendant -l ( ZZ 1O b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: NQ N E 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: RSA o'ha SP_Mjt ? 1 i I Z7 10 -7 b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: (ZI c LLV,% Attorney for Plaintiff/Defendant cz 0 - n t..3 MI u - C) :- -r; co cim Dana Marie Walker, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Gary Dale Walker, Jr, : NO. 2007-096 Defendant : CIVIL ACTION - LAW IN DIVORCE ACKNOWLEDGEMENT OF ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORCE I, Gary Dale Walker, Jr, acknowledge that a Complaint in Divorce under Section 3301 ( c ) of the divorce code was filed on January 5, 2007 and that I accepted the service of the Complaint in Divorce on January 5 , 2007. Tale Walker, Defendant!' t cz? -tea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. na. (Ylar; e- wo ( der P Ic i n?%,4 a,ru ke No. 900q ( D VERSUS DECREE IN DIVORCE AND NOW, G?ry?s., IT IS ORDERED AND DECREED THAT 111afl e Wat??-{ PLAINTIFF, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; ?j a0E ? ?" ?d ..-