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HomeMy WebLinkAbout03-5290LISA A. FULLERTON, Plaintiff VS. THEODORE S. FULLERTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03 -- ~'.,~ : CIVIL ACTION-LAW :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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LISA A. FULLERTON, Plaintiff VS. THEODORE S. FULLERTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. O3 - : CIVIL ACTION-LAW :IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Lisa A. Fullerton, by her attorneys, Purcell, Krug & Hailer, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lisa A. Fullerton, an adult individual whose current address is 125 November Drive, #5, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Theodore S. Fullerton, an adult individual whose current address is 5230 Terrace Road, Mechaniscburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 1989 in Camp Hill, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 101-52-3846 and the Social Security Number of the Defendant is 211-56-8589. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that'the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: Dated: PURCELL, KRUG & HALLER . J0hn/WPt~-eell, Jr., Esquire · ID #,2.9955 (~ 17/1'9 North Front Street ~ Harrisburg, PA 17102 (717)234-4178 3 VERIFICATION / I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: October 3, 2003 Lisa A. Fullerton C) LISA A. FULLERTON, Plaintiff VS. THEODORE S. FULLERTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND ,COUNTY, PENNSYLVANIA : NO. 03-5290 CIVIL TERM : CIVIL ACTION-LAW :IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, Carol Masich, secretary to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 9th day of October, 2003, I sent, by certified mail return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Theodore S. Fullerton, the Defendant in the above action. The return receipt, duly signed by the Defendant is attache~ hereto and made a part hereof as Exhibit "A" Carol Masich ' Secretary to John W. Purcell, Jr. Sworn and subscrjbf~d to befor,~e/~e hi,~_~__~d ay ,/,~j..?L.Y-~<-~ ~} , 2003. No[a~ PuSlic j Notar al Seal ] I B~ita E. Prussack, No. fy Pubt~c ~ I Ci~ of Ha~s~rg, Dau~in Coun~ [ ~y Commi~ Expires S~t. 26, 2~5 ~ Mem~r, ~nsyl~nia As~ia~on ot Notaries · Complete items 1.2. and 3. Aisc complete A. Signature item 4if Restricted DeIiveryis desired. J ~X~,~,~ ,9 ~I/~~L'~:tl~"Agent · Print your name and address on the reverse Y'~) t [] Addressee so that we can return the card to you. I I B. Receive~f by (P~ec~me) ~ I C. Date of Defivery · Attach this card to the back of the mailpiece, or on the front if space permits. II -t-t~a,,,~ \r oso Ils deliveq a~dm~ d~lta~t fro~ ita~l 1 ? D Yes If YES, ent~ del~ ~Iow: D No ~eiI ~ ~atl ~ R~istemd ~ Re~eJpt for Memhandise D Insu~ Mail ~ C.O.D. 4, Restricted ~)eliw~ry? (Extra F~e) ~i:Wes 2. Article Number ~~ P~S Form 3811, August 2001 Domestic Return R~ceipt 102595-02-M-0835 Exhibit "A" LISA A. FULLERTON, Plaintiff VS, THEODORE S. FULLERTON, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5290 CIVIL TERM · CIVIL ACTION-LAW 'IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on October 6, 2003. 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 after service of notice of intention to request entry of the decree. Lisa A. Fullerton WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 and 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: Lisa A. Fullerton LISA A. FULLERTON, Plaintiff VS. THEODORE S. FULLERTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5290 CIVIL TERM : CIVIL ACTION-LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was flied on October 6, 2003. 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 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 §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, iawyer'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 and 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: ~///~/O~/ LISA A. FULLERTON, Plaintiff VS. THEODORE S. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5290 CIVIL TERM : CIVIL ACTION-LAW : 1N DIVORCE PRAECIPE TO TRANSMIT RECORD 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 Section (lt) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 11, 2003 by certified mail 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: January 12, 2004 by Defendant: January 12, 2004 (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 upon the Defendant: 4. Related claims pending: No economic claims have been raised. 5. (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 of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Filed contemporaneously herewi~~~'~ ~ E Q-7 IN THE COURT OF COMMON PLEAS LISA A.FULLERTON OFCUMBERLANDCOUNTY STATE OF PENNA. Plaintiff VERSUS TRKODOR~ .~. ¥1TT.T.~TOM Defendant N o. 5290 2003 DECREE IN DIVORCE AND NOW, DECREED THAT AND Lisa A. ~allerton 2004 Theodore S. Fullerton , 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; Any existing spousal suPPort order shall herm~nm~t.r h. R.~m.~ for alimony pendente lite if any economic claims remain pending. BY THE COURT: ~ROTHONOTARY