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Home My WebLink About08-7122TINA L. FULLERTON, Plaintiff V. SAMUEL M. FULLERTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- ?Y! 2 ;L 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 in 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 in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. 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 HAVEA 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, PA 17013 1-800-990-9108 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Audrey L. Buglione, Esquire 4075 Linglestown Road, #207 Harrisburg, PA 17112 (717) 798-8529 Attorney ID #206587 Counsel for Plaintiff, Tina L. Fullerton TINA L. FULLERTON, Plaintiff V. SAMUEL M. FULLERTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 F-71-2 -2 Oz; d- Zz? CIVILACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Tina L. Fullerton, by and through her counsel, Audrey L. Buglione, Esquire, who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Tina L. Fullerton, an adult individual who currently resides at 413 Berkshire Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Samuel M. Fullerton, an adult individual who currently resides at 14 North Washington Street, Top Floor Apartment, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on June 7, 2003 in Middletown, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or Naval Service of the United States or its allies within the provisions of the Servicemembers' Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. w 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO SECTION 3301(0) OR (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to §3301 of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property constitutes "marital property" as defined by the Divorce Code. 12. Likewise, Plaintiff and Defendant have assumed debts in their individual names and joint names during the marriage, which debt is marital and must be divided by the Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably divide all marital property and marital debts. AAudreyL"Bsuaglione, bmittDate: December 4, 2008 quire 4075 Linglestown Road, #207 Harrisburg, PA 17112 (717) 798-8529 Attorney ID # 206587 Counsel for Plaintiff, Tina L. Fullerton VERIFICATION I, Tina Fullerton, hereby swear and affirm that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: a ( 6.,4- Tina Fullerton CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 4th day of December 2008, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, and certified mail upon the following: Samuel M. Fullerton 114 North Washington Street Top Floor Apartment Mechanicsburg, PA 17055 Date: Audrey L. uglion w - ? c o W C? r_, 4-? Cq? r..? 1 C'> r-? y? ?y j TINA L. FULLERTON, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ` -71J3 T VAA SAMUEL M. FULLERTON CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. I certify that I am authorized to accept service on behalf of the defendant. Date: )\? M - A-? Defendant or Auth r' ed Agent Mailing Address le ^4 TINA L. FULLERTON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7122 Civil Term SAMUEL M. FULLERTON CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 4, 2008. 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. Complaint was served on December 8, 2008 and Acceptance of Service filed on December 15, 2008. 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 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. § 4904 relating to unsworn falsification to authorities. Date: .5 i r o ' , I JLL Samuel M. erton r'' r, -, ---z _? ---, n? -=; ?'. V ? T - •? `.? „` TINA L. FULLERTON, Plaintiff V. SAMUEL M. FULLERTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7122 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) ANT) 43301(d) 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 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. § 4904 relating to unsworn falsification to authorities. Date: 4 & ? (6 - J:26 9 A- Samuel M. Ful on - Defendant f 7 N t? l.. ? C:._.S +_;? ??:? ?? ?? r, ? `"' v 1 _ .. _,?-? -4 ._s ' T`l i:J Y- TINA L. FULLERTON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7122 Civil Term SAMUEL M. FULLERTON CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 4, 2008. 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. Complaint was served on December 8, 2008 and Acceptance of Service filed on December 15, 2008. 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 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. § 4904 relating to unsworn falsification to authorities. Date: Tina L. Fullerton r-? _ ' C; :--? _ `?' _.a J v - ? ^ J ' ?? L i ?y [,,? rm TINA L. FULLERTON, Plaintiff V. SAMUEL M. FULLERTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7122 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) 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 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. § 4904 relating to unsworn falsification to authorities. Date: /31.;[( 0 ?? W 1"61&'/ Tina L. Fullerton - Plaintiff g 31 TINA L. FULLERTON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7122 Civil Term SAMUEL M. FULLERTON CIVIL ACTION - LAW Defendant 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 and regular mail on December 5, 2008. Affidavit of Acceptance of Service dated December 8, 2008. 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: March 21, 2009 by defendant: March 18, 2009 4. Related claims pending: None. 5. Complete either (a) or (b): b) Date of plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously with this Praecipe to Transmit Record. Date defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneolsl Jwith this P?ecipe to Transmit Record. ) Audrey L. Bugltorle, Esuil Attorney ID No. 20654' 4075 Linglestown Rd, #207 Harrisburg, PA 17112 Phone: (717) 798-8529 TINA L. FULLERTON V. SAMUEL M. FULLERTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7122 Civil Term DI RCF DECREE AND NOW, f , it is ordered and decreed that TINA L. FULLERTON , plaintiff, and SAMUEL M. FULLERTON , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente We if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By t urt, Attest: J. ale S.?kTA rothonotary Y16 ?6 1 4