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HomeMy WebLinkAbout03-5552JENON R. FULFER, PLAINTIFF STEVEN W. FULFER; DEFENDANT IN THE COURT OF C~N PLEAS CTR~BEBLAND COUNTY, PENNSYLVANIA NO. 5S IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA%'E 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service ,Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN~NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302{c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being ihanded down by the court. A list of professional 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 this list. Ail 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JENON R. FULFER, PLAINTIFF Vo STEVEN W. FULFER, DEFENDANT IN THE COURT OF CO~40N pT.~.~S C~A%~EBLAND COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Jenon R. Fulfer who resides at 114 West Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant is Steven W. Fulfer who resides at 114 West Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 2001 in Shiremanstown, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is a member of the Armed Services of the United States with a duty station in Central Pennsylvania. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. verify that the statements made in this Complaint are true statements herein are made 4904, relating to unsworn Date:~O ~6f~ HEATHER MARIE SHUNK, Plaintiff JASON ALLEN CROMER, Defendant CIVIL ACTION - LAW CUSTODY : # CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for Heather Marie Shunk, being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint and Custody Complaint, was served on Jason Comer, at 124 "B" Street, Carlisle, Cumberland County, Pennsylvania, 117013, by mailing the same to her by certified mail, restricted delivery, No. 7002 0860 0000 1074 5190, on October 29,2002. Service was accepted on October 31, 2003. Sworn and subscri~.e~ to before me this ~ day .. h zmmaU __, 2007. Notary Public k_ Ruby D. Weeks, Esquire CARLISLE, Pennsylvania 170132935 10/29/2003 (800)275-8777 02:57:36 PH Sales Receipt Product Sale Unit Final Description Qty Price Price nARLISLE PA 17013 $0.83 +-Claes ~tricted Delivery $3.50 :urn Receipt $1.75 ,'tified $2,30 ~be] Serial #: 70020860000010745183 Issue PVI: $8.38 ISLE PA 17013 $0.83 t-Class ,strtcted Delivery $3.50 ,turn Receipt $1.75 ~rtified $2.30 .abel Serial #: 70020860000010745190 Issue PVI: $8.38 · ,al: $16.76 Paid by: Cash $20.00 Change Due: -$3.24 Bill#: 1000201410304 Clerk: 02 Refunds only per DHH P014 -- Thank you for yogr business -- po~tage MARRIAGE SETTLEMENT AGREEMENT and between Jenon R. Fulfer, (hereinafter o as "Wife") and Steven W. Fulfer, (hereinafter referred to as "Husband" WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on September 21, 2001; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, no children were born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERfeRENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVORCE Wife filed a Complaint in Divorce on October 21, 2003, docketed at No. 03-5552 in Cumberland County, Pennsylvania. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301{c) or(d) of the Divorce Code. Upon expiration of the mandatory 90-day waiting period the parties shall execute the Affidavit of Consent and Waiver of Notice forms for submission to the Court. Wife's attorney shall be responsible for filing the documents necessary to obtain a Decree in Divorce. 4. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Wife's engagement ring, purchased by Husband, shall be sold and the proceeds evenly divided. 5. AUTOMOBILES Husband shall have all right and title to the 2002 Chevrolet Silverado, 1987 Honda Accord and Suzuki motorcycle. He shall maintain insurance on his vehicles and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Within 10 days of signing this agreement, Husband shall refinance the truck loan to remove Wife from any liability for the lien on the truck and pay Wife $2,190.00 as her share of the equity in the former marital truck. Wife shall have all right and title to the 1993 Honda Civic and shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 6. FIN~NCIAL ACCOUNTS, STOCKS, BONDS ~ INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 2 7. DIVISION OF REAL PROPERTY The marital home located at 114 West Green Street, Shiremanstown, Cumberland County, Pennsylvania is to be sold and the net proceeds are to be equally divided. Through the time of settlement on the sale of the marital home, the parties shall equally share the expenses related to the marital home, including but not limited to the mortgage(s), utilities, taxes and maintenance. Wife intends to return to Nebraska. Wife shall have exclusive possession of the marital home until she relocates to Nebraska. Following her departure, Husband shall have the right to exclusive possession of the former marital home. 8. PENSION/RETIREMENT Each party has a pension through their employer. Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. If either party elects to make an early withdrawal from a retirement or pension account, that individual shall be solely liable for any taxes or penalties and agrees to indemnify and hold the other party harmless for taxes or penalties owed as a result of the premature withdrawal. 9. F~%RITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Both parties shall equally share all mortgages, taxes and expenses related to the marital home. Husband shall be liable for all debts related to the 2002 Chevrolet truck. 10. ALIMONY/SUPPORT/APL up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony. 11. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for tax year 2003 to be prepared by a mutually agreeable third-party. Any refund or deficiency shall be shared equally. The parties shall file separately in all subsequent years. 3 12. CONTINUED COOPERATION The parties agree that they will, within fifteen days after the execution of this agreement, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 13. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees, expenses and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 14. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that there has been a full and fair disclosure of their assets and that this agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 15. 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, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 17. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 19. 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. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 21. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated, but not merged into any subsequent Decree in Divorce. IN WITNESS WHEREOF, the parties set their hands and seals Date Steven W.~lfer Date 5 Commonwealth of Pennsylvania County of ~ a notary public, in and for the Commonwealth of Pennsylvania, Steven W. Ful£er, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he exeouted the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Commonwealth of Pennsylvania : : SS County of~'~,..,-~''/~d : PERSONALLY APPEARED BEFORE ME, this~'?J~day of this ~6~' , 2003, a notary public, in and for the Commonwealth of Pennsylvania, Jenon R. Fulfer, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. COMMONWEJkI.TH OF Pm'NN~Y[-VANJA NOTARIAL SEAL ROBERT J. GOLD, Notaq Public Hampden Twp., Cumberland County My Commission Expires July 10, 2007 6 JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DE FENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL TERM IN DIVORCE A~FIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: xJ~ON ~R. FULFER L JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DEFENDANT IN THE COURT OF CO~4ON PLE~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. acknowledge that pursuant to Rule 1920.42(e) I have waived requirement that I receive notice of intention the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I the to request entry of DATED STEVEN W. FULFER JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DEFENDANT IN THE COURT OF CO~94ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL TERM 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 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO R~OUEST ENTRY OF A DIVORCE D~CREE UNDER SECTION 3301(¢) OF T~E DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: STEVEN W. FULFER JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DEFENDANT IN THE COURT OF COI~4ON PLEAS CUMBERLAND COURTY, PENNSYLVANIA IN DIVORCE ACCEPTANCE OF SERVICE I, Steven W. Fulfer, accept in the above captioned matter. Dated: service of the Divorce Complaint Shiremanstown, PA 17011 DEFENDANT JENON R. FULFER, PLAINTIFF STEVEN W. FULFER, DEFENDANT IN THE COURT OF COB94ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on October 21, 2003 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on October 23, 2003. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717) 731-1461 17011 JENON R. FULFER, PLAINTIFF Vo STEVEN W. FULFER, DEFENDART IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5552 CIVIL IN DIVORCE PRAECI~E TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On October 23, 2003 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Plaintiff, January 30, Section 3301(c) of the Divorce Code: By 2003; By Defendant, January 29, 2003. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) was filed with the Prothonotary on February 11, 2004. Date Defendant's Waiver of Notice in § 3301(c) was filed with the Prothonotary on February 11, 2004. divorce divorce Thomas D. Gould, Esquire Attorney For Plaintiff IN THE COURT OF COMMON PLEAS JENON R. OFCUMBERLANDCOUNTY STATE OF ~ PENNA. FULFER, PLAINTIFF NO. 03-5552 CIVIL VERSUS STEVEN W. FULFER, DEFENDANT DECREE IN DIVORCE AND NOW, DECREED THAT J'~NON R. F'[3LFER , _J~Q.0.~L, IT IS ORDERED AND ,PLAINTIFFs AND STEVEN W. FULFER , 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; THE MARRIAGE SETTLEMENT AGREEMENT DATED OCTOBER 24, 2003 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. BY THE COURT: PROTHONOTARY