HomeMy WebLinkAbout04-5837
LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
NO. O'+-5-~~7 ~
DEBORAH L. FULS
Defendant
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 Prothonotary at Cumberland County
Courthouse, 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
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
TmS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT mRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIDS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY
BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
NO. 0'1 -' 5'1) 3*'1
DEBORAH L. FULS
Defendant
IN DIVORCE
COMPLAINT
AND NOW COMES the above-named Plaintiff, by his attorney, William A. Duncan,
Esquire, and makes the following Complaint in Divorce:
1. Plaintiff, LESTER B. FULS, is an adult individual currently residing at 683 S.
Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, DEBORAH L. FULS, is an adult individual currently residing at 683
S. Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 21, 1971 in Langhorne, P A.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff avers, in accordance with Section 3301 ( c) of the Divorce Code, the
marriage between the parties is irretrievably broken.
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.
8.
America.
Defendant herein is not a member of the armed forces of the United States of
WHEREFORE, Plaintiff prays this Honorable Court enter a decree dissolving the
marriage between the parties.
Respectfully Submitted,
~
William A. Duncan, Esquire
Attorney for Plaintiff
Duncan & Hartman, P .C.
1 Irvine Row
Carlisle, PAl 70 13
(717)249-7780
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904, relating to
unsworn falsification to authorities.
~~~.~4-,
LESTER B. FULS
Date: I'l'lG /D1'
LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
DEBORAH L. FULS
Defendant
NO.
IN DIVORCE
AFFIDAVIT
LESTER B. FULS, Plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3. Being so advised, I ttte/DO N&(~uest that the Court require that my spouse
and I participate in counseling prior to a divorce decree being handed down by the Court.
4. I realize that if the divorce is brought under section 3301{c) of the Divorce Code,
then counseling must be completed within ninety days after the filing of the complaint. If the
divorce is brought under section 3301(d) of the Divorce Code, then counseling must be
completed within one hundred and twenty days after the filing of the complaint.
I understand that false statements herein are made subject to the penalties off 18
Pa.C.S.4904 relating to unsworn falsification to authorities.
~~Lfc;:-J
LESTER B. FULS
LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
DEBORAH L. FULS
Defendant
: NO.
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant 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 3301{c) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list
of professional marriage counselors is available at the Domestic Relation 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 the list. All necessary arrangements and
the cost off counseling sessions are to be born by you and your spouse.
If you desire to pursue counseling you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 5837 CIVIL TERM
LESTER B. FULS,
V.
i' DEBORAH L. FULS,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this '3'Thday of December, 2004, I, Michael A. Scherer, Esquire,
attorney for Defendant above, hereby accept service of the Complaint filed in the above
case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested
copy of said Complaint.
*~
Michael A. Scherer, Esquire
10 #61974
19 West South Street
Carlisle, PElnnsylvania 17013
(717) 249-f)873
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-5837 CIVIL TERM
LESTER B. FULS,
V.
DEBORAH L. FULS,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this { l. +'day of September, 2005 by and between
Lester B. Fuls, of Cumberland County, Pennsylvania, and Deborah L. Fuls, of
Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, Lester B. Fuls (hereinafter called "Husband") currently resides at
6150 Springford Drive, Apartment N2, Harrisburg, Pennsylvania 17111-6905; and,
WHEREAS, Deborah L. Fuls (hereinafter called "Wife") currently resides at 300
Spring Lane, Enola, Cumberland County, Pennsylvania 17025; and,
WHEREAS, the parties hereto are husband and wife, having been lawfully
married on August 21, 1971; and,
WHEREAS, the parties have lived separate and apart since on or about the end
of November 26,2004; and,
WHEREAS, the parties have one adult child, Kelly S. Fuls; and,
WHEREAS, the parties hereto are desirous of settling fully and finally their
respective marital and property rights and obligations as between each other, including,
without limitation, the settling of all matters between them relating to the ownership of
real and personal property, the support and maintenance of one another and, in
general, the settling of any and all claims and possible claims by one against the other
or against their respective estates.
Page 1 of 14
II
NOW THEREFORE, in consideration of these premises, and of the mutual
promises, covenants and undertakings hereinafter set forth, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
each of the parties hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each may reside at such place or places as he or she may select.
Husband and Wife shall not molest, harass, disturb or maHgn each other, nor compel or
attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADVICE OF COUNSEL. Each party acknowh~dges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her
selection. Husband has secured legal advice from Mindy S. Goodman, who is
Husband's separate counsel. Wife has secured legal advice from Michael A. Scherer,
Esquire, who is Wife's separate counsel.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery including, but not limited to,
written interrogatories, motions for production of documents, the taking or oral
depositions, the filing of inventories and all other means of discovery permitted under
the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of
Page 2 of 14
II
the parties further acknowledges that he or she is aware of his or her right to have the
real and/or personal property, estate and assets, earnings and income of the other
assessed or evaluated by the courts of this Commonwealth or any other court of
competent jurisdiction. The parties do hereby acknowledge that there has been full and
fair disclosure to the other of his or her respective income, assets and liabilities,
whether such are held jointly, in the name of one party alone or in the name of one of
the parties and another individual or individuals. Each party agrees that any right to
further disclosure, valuation, appraisal or enumeration or statement thereof in this
Agreement is hereby specifically waived, and the parties do not wish to make or append
hereto any further enumeration or statement.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the
parties agree, that they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties
shall be limited to a claim for divorce only. The parties agre,e that they will each
execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of
Divorce Decree in order that counsel for Husband may finalize the divorce action in a
timely fashion. Upon completion of the divorce action, counsel for Husband shall supply
counsel for Wife with a copy of the Decree.
Page 3 of 14
II
5. EQUITABLE DISTRIBUTION.
A. Real Estate. The parties were the owners as tenants by the
entireties of real estate located at 683 South Middlesex Road, Carlisle, Cumberland
County, Pennsylvania 17013. The parties have sold this real estate and divided the
proceeds and wife received fifty-seven percent of the proceeds and husband receiving
forty-three percent of the proceeds. The parties agree that the proceeds of the sale of
the real estate have been equitably divided and each party hereby waives and right to
the proceeds which are in the possession of the other party.
B. Furnishings and Personalty. The pclrties agree that they have
divided by agreement between themselves all furnishings and personalty located in the
marital residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets,
household appliances and equipment. Accordingly, Husband shall retain sole and
exclusive ownership of all furnishings and personalty currently in his possession, free
and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items
of furnishings and personal property currently in her possession as her sole and
separate property free and clear of any right, title, claim and/or interest of Husband.
C. Motor Vehicles.
(1) Husband shall retain as his sole and separate property the 2002 Pontiac
Grand Prix.
(2) Wife shall retain as her sole and separate property the 1999 Grand Am.
(3) Husband shall become the sole owner of the parties' pop-up camper.
Page 4 of 14
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D. Pension and Retirement Benefits. Wife shall keep as her
separate property the Eat'n Park Profit Sharing plan valw3d at approximately $2,464.00,
the Eat'n Park 401k plan valued at approximately $21,418.00 and the American
Century IRA valued at approximately $2,577.00. Husband shall transfer to wife sum of
$174,391.00 from the American Century Funds Retirement Account through the use of
a Qualified Domestic Relations Order or otherwise into a qualified account in Wife's
name. Husband shall keep as his separate property the Kemper Advantage Fund
valued at approximately $27,415.00, the American Funds IRA account valued at
approximately $52,062.00, the Fidelity 401 k account valued at approximately
$70,652.00 and any sums remaining in the American Century Funds Retirement
Account after the transfer/rollover to Wife as set forth in this paragraph above.
Husband has a Roth IRA in his name alone known as the Select Roth IRA which
is valued at approximately $31,686.00. Husband shall transfer to wife through the use
of a Qualified Domestic Relations Order or otherwise the sLIm of $18,061.00 from the
Select Roth IRA and Husband shall keep as his separate property the remaining
balance in the account after the transfer/rollover to Wife.
E. Bank Accounts. The parties were the joint owners of a checking
and savings accounts at Commerce Bank, which account shall remain open because
the parties' mortgage payment is automatically debited from that account each month.
The balance will be nominal after the marital residence is sold and Wife shall become
the sole owner of the Commerce Bank savings account.
Wife shall become the sole owner of the savings account with Pittsburgh Central
Federal Credit Union with a balance of $448.00.
Page 5 of 14
II
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Husband has a non-qualified savings account known as the American Century
account valued at approximately $8,078.00. Husband shialltransfer to wife the sum of
$4,412.00 from the American Century account and Husband shall keep as his separate
property the remaining balance in the account after the tnansfer to Wife.
F. Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by
the party to whom the property is titled; and if untitled, the party in possession. This
Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all
rights in such property from each to together.
G. Property to Wife. The parties agree Ithat Wife shall own, possess,
and enjoy free from any claim of husband, the property awarded to her by the terms of
this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such
property, and waives and relinquishes any and all rights thmeto, together with any
insurance policies covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Husband to Wife,
H. Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the
terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all
such property, and waives and relinquishes any and all rights thereto, together with any
insurance policies covering that property, and any escrow ac:counts relating to that
property. This Agreement shall constitute sufficient bill of sal,e to evidence the transfer
of any and all rights in such property from Wife to Husband.
Page 6 of 14
II
I. Marital Debt. The parties acknowledge that, with the exception of
the mortgage on the marital residence and the loan for the Pontiac Grand Prix, there
are no other outstanding joint obligations. In the event there are any other debts in the
name of either party, that party shall be solely responsible for those debts and shall
hold the other harmless on the obligations.
J. Liabilitv. Each party represents and warrants to the other that he
or she has not incurred any debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party who incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to
indemnify and hold the other party and his or her property harmless from any and all
debts, obligations and liabilities.
K. Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by
Husband under this Agreement, Husband will, at his sole expense, defend Wife against
any such claim, action or proceeding, whether or not well-founded, and indemnify her
and her property against any damages or loss resulting ther,efrom, including, but not
limited to, costs of court and actual attorney's fees incurred by Wife in connection
therewith.
Page 7 of 14
II
L. Indemnification of Husband. If anv claim, action or proceeding is
hereafter initiated seeking to hold Husband liable for the debts or obligations assumed
by Wife under this Agreement, Wife will, at her sole expense, defend Husband against
any such claim, action or proceeding, whether or not well..founded, and indemnify him
and his property against any damages or loss resulting therefrom, including, but not
limited to costs of court and actual attorney's fees incurred by Husband in connection
therewith.
M. Warranty as to Future Obliaations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future
incur or contract any debt, charge or liability for which the other, the other's legal
representatives, property or estate may be responsible. From the date of execution of
this Agreement, each party shall use only those credit cards and accounts for which
that party is individually liable and the parties agree to cooperate inclosing any
remaining accounts which provide for joint liability. Each pclrty hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability,
loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event
of breach hereof.
N. Caoital Loss with IRS. The parties accrued a capital loss of
$11,375.00 in tax year 2004 by virtue of the sale of stock in AT&T Wireless. The
parties used $3,000.00 of that capital loss on their joint 2004 return. Wife shall be
entitled to claim $4,187.00 of the capital loss for future tax years and Husband shall be
entitled to claim the remaining $4,187.00 of the capital loss for future tax years.
Page 8 of 14
II
6. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL
SUPPORT. Husband shall pay wife the sum of six hundred dollars per month in
alimony beginning on the date of the parties' divorce until February 4, 2010. The
alimony shall not be modified as it is the parties' intention that husband will remain
gainfully employed for the duration of this alimony obligation. In the event Husband's
income is involuntarily reduced due to a physical illness suffered by Husband or as a
result of Husband's involuntary termination of employment which is not as a result of
misconduct by Husband, Husband's monthly alimony obli~lation shall be reduced to
twenty-four (24%) percent of his net monthly income. No adjustment to alimony shall
be made in the event that Husband receives an increase in income.
The alimony shall terminate upon wife's remarriage or the death of either party
but the alimony shall not terminate upon wife's cohabitation. All such payments by
Husband to Wife shall be deemed alimony, as described in Section 71 (b)(1)(A) of the
Internal Revenue Code as amended, and as said Section hl amplified by the provisions
of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from Husband, when received by Wife, shall be
deductible in the year of payment by Husband pursuant to Section 215 of the Internal
Revenue Code, as amended, or any similar future laws or regulations thereto, and shall
be included in the year of receipt in the gross income of Wife pursuant to Section 71
(b)(1 )(A) of the Internal Revenue Code, as amended or any similar future laws or
regulations thereto. Otherwise, each of the parties waives any further right or claim to
alimony, spousal support or alimony pendente lite.
Page 9 of 14
II
The alimony obligation under this paragraph shall be confirmed by an order
entered by the court in the divorce action pending between the parties. That order shall
permit direct payments by Husband and shall not require the enforcement or
administration of the order to be done by the Domestic RI91ations Office but shall
provide that, if Husband fails to make any alimony payment, in full, within the month in
which it is due, the Domestic Relations Office, on the request of Wife, shall open or
administer an account to collect, disburse, and enforce th,e alimony provisions of this
agreement.
7. LIFE INSURANCE. Husband will cooperate with wife should wife desire
to purchase a life insurance policy to insure husband's life for purposes of securing
wife's collection of alimony. Wife shall pay the premiums for said life insurance policy in
the event she purchases a life insurance policy pursuant to this paragraph.
8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and
Wife each waives all rights of inheritance in the estate of the other, any right to elect to
take against the will or any trust of the other or in which the other has an interest, and
each of the parties waives any additional rights which said party has or may have by
reason of their marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but not be
limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other
jurisdiction.
Page 10 of 14
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9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset,
benefit or like program carrying a beneficiary designation which belongs to the other
party under the terms of this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation plans, life insurance
policies, annuities, stock accounts, bank accounts, final pay checks or any other post-
death distribution scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If
and in the event the other party continues to be named as beneficiary and no alternate
beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of
the deceased party.
10. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
11. SEVERABILITY. If any provision of this AgreElment is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions
hereof shall nevertheless survive and continue in full force and effect without being
impaired or invalidated in any way.
Page 11 of 14
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12. BREACH. If either party hereto breaches amy provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or
seek such other remedies or relief as may be available to him or her. The non-
breaching party shall be entitled to recover from the breaching party all costs, expenses
and legal fees actually incurred in the enforcement of the rights of the non-breaching
party.
13. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any
provision of this Agreement.
14. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of
Pennsylvania(without regard to the conflict of law rules app.licable in Pennsylvania) in
effect as of the date of execution of this Agreement.
15. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement
shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
16. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an
attorney of his or her own choice, and has executed it voluntarily and in reliance upon
his or her own attorney, and that this instrument expresses the entire agreement
between the parties concerning the subjects it purports to cover and supersedes any
and all prior agreements between the parties. This Agreement should be interpreted
Page 12 of 14
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fairly and simply, and not strictly for or against either of the parties.
17. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise
shall not be merged into said decree. The parties shall have the right to enforce this
Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain
any remedies in law or in equity under this Agreement as an independent contract.
Such remedies in law or equity are specifically not waived or released_
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the
dates of their acknowledgments.
WITNESS:
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Deborah L Fuls
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LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-5837
DEBORAH L. FULS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT AND
UNDER 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under S 3301 (c) of the Divorce Code was filed on
November 19, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) 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 without formal notice of
the intention to request entry of a divorce decree.
4. 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.
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. Cons. Stat. S 4904, relating to unsworn falsification to authorities.
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LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERL.t\ND COUNTY, PENNSYLVANIA
v.
: NO. 2004..5837
: CIVIL ACTION - LAW
: IN DIVORCE
DEBORAH L. FULS,
Defendant
WAIVER OF NOTICE Or:
INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER 3301(Cl 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 concl3rning alimony, division of
property, lawyer's fees or expenses if I do not c:laim 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. Cons. Stat. ~ 4904, relating to unsworn falsification to authorities.
Date: cl J IG./OJ-
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LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2004-5837
DEBORAH L. FULS,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
AFFIDAVIT OF CONSENT AND
UNDER 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under!i 3301 (c) of the Divorce Code was filed on
November 19, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and servic:e of the Complaint.
3. I consent to the entry of a final decree of divorce without formal notice of the
intention to request entry of a divorce decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
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. Cons.
Stat. !i 4904, relating to unsworn falsification to authorities.
lLd#-luL (/.' 4Ci-u
Date: -=t\z.,/oS
Deborah L. Fuls
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LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2004-5837
DEBORAH L. FULS,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
WAIVER OF NOTICE OF
INTENTION TO REOUEST 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 ifI 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. Cons.
Stat. ~ 4904, relating to unsworn falsification to authorities.
Date: 1 h"t~.>
11.R l~Jc~v (/ ~/};lu
Deborah L. Fuls
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LESTER B. FULS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-5837
DEBORAH L. FULS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for
entry ofa Divorce Decree:
1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Acceptance of Service
signed by Michael A. Scherer, Esquire on behalf of Defendant on December 13,2004. A
copy, which was filed December 17, 2004 is attached hereto as part of the record.
3. Date of execution of the affidavit of consent required by 3301 (c) ofthe
Divorce Code: by Plaintiff
9-16-05
; by Defendant
9-20-05
4. Related claims pending: NONE
5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary:
9-29-05
; by Defendant
9-29-05
Respectfully submitted,
Date: "t - 7... ~ . 0 >(
~.... 'c\...-, <6--6 <= ~
Mindy S. Goodman, Esquire
1.D. No. 78407
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
(717) 540-8742
LESTER B. FULS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 583i' CIVIL TERM
Plaintiff
V.
DEBORAH L. FULS,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
,
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ACCEPTANCE OF SERVICI;
AND NOW, this I 3-r~day of December, 2004, I, Michael A. Scherer, Esquire,
attorney for Defendant above, hereby accept service of thEl Complaint filed in the above
case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge mceipt of a true and attested
copy of said Complaint.
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Michael A. Scherer, Esquire
10 #61974
19 West South Street
Carlisle, Pennsylvania 17013,.
(717) 249-6873 . .
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IN THE COURT OF COMMON PLEAS
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OFCUMBERLANDCOUNTY
STATE OF
LESTER B. FULS,
Plaintiff
VERSUS
DEBORAH L. FULS,
Defendant
AND NOW,
DECREED THAT
PENNA.
No.
2004-5837
DECREE IN
DIVORCE
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, [T [S ORDERED AND
LESTER B. FULS
, PLAINTIFF,
AND
DEBORAH L. FULS
, DEFENDANT,
ARE D[VORCED FROM THE BONDS OF MATR[MONY.
THE COURT RETA[NS JUR[SD[CT[ON OF THE FOLLOW[NG CLA[MS WHICH HAVE
BEEN RA[SED OF RECORD [N TH[S ACT[ON FOR WHICH A F[NAL ORDER HAS NOT
YET BEEN ENTERED;
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The Marital Settlement Agreement, dated September 16,
is
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PROTHONOTARY
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