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
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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 .
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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
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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
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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
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. ])'CD?~ MO cl b Civil. 19
To
Prothonotary
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Attorney for Plaintiff
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(IN THE COUIrr OF COMMON PLEAS OF
PLAI1q=,
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(Co m ber I a n coDNTY, PENNSYLVANIA
V.
Garq Dade Ud?,
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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; &
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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.
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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
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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
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`Dana.. Mo f re, lama-C 4v-
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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
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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!'
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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;
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