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HomeMy WebLinkAbout02-2586IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA LYNN FULTON, Plaintiff CIVIL ACTION - LAW V. No. 2002 -a.5F(, MICHAEL DAVID FULTON, 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. 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 of counseling sessions are to be home 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA LYNN FULTON, Plaintiff CIVIL ACTION - LAW V. No. 2002 - d 5?(. ?Q -TT-1- MICHAEL DAVID FULTON, Defendant (In Divorce) COMPLAINT IN DIVORCE AND NOW, this 28th day of May, 2002 comes Plaintiff, Adria Lynn Fulton, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: The Plaintiff is Adria Lynn Fulton, who currently resides at 115 South Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Michael David Fulton, who currently resides at 65 Edgelea Drive, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on March 22, 1995 in Alameda, Alameda County, California. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff avers that the parties hereto have lived separate and apart since May 6, 2002. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The 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, and Plaintiff waives same. 9. Plaintiff wishes to retake her maiden name once the final Decree in Divorce has been issued thereby changing her name from Adria Lynn Fulton to Adria Lynn Britton. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. dsay Gin is Ma Y' Esquir Attorney I. D. No. 879 4 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. a Lynn It F\Use Fol aims Dots\Grndocs20=719-1&1 C9?i Lwp] ? ? +v O 77? V _ ? D I g ((J C ? Z (p ? C?&#Yii'9?If^MC?"?"??"(..*5` ?>Dyu$.}?mrTd"mP9kH:9',wbiNnxsX eu? ?4.fir" _. _ e -n...-,.?. 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MICHAEL DAVID FULTON, Defendant CIVIL ACTION - LAW No. 2002 - 2586 (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 30th day, ofMay, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on May 28, 2002, but actual service took place on either May 28, 2002 or May 29, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Michael David Fulton 65 Edgelea Drive Chambersburg, Pennsylvania 17201 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HST & KNIGHT, P.C. 4nd i say ch lay, Esquire Attorney ID No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:11js-Fold_rFi,_ D9"C W00212719-1,c ,sm,,W Attorneys for Plaintiff n c:; C. tip 'L? Cls _ [' -+ ?' C am= '?.? ?_, ' ?? N ? tY i y . s ? ¦ Complete kems 1, 2, and 3. Also complete . item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse that we can return the card to you. ¦ Attach this card to the back of the maUpleca or on the iron if t spade permits. 1 • Article Addrsessd to: i6had L" Vid ,.Ifnh Ed rk& w vc UVMh6Sbuoij,PA r- 201 2. Article Number (Transfer from service /ab" F Form 3811 e.._.._. _ Domestic Return Receipt _.._...o --y Moises below: Exprese Mall ? Return Receipt for merchandise ? C.O.D. 102595-01.M_0391 0 C. Sk„1 ? I -T-)S-1' - -- ?? ?. N rn U ` %rQ z vs A??/e,j? / Case No. Statement of Intention to Proceed To the ourt: ?y f qqq J? , // / intends to proceed with the abo a captio ed matter. Prior Name L.1, 1/ C ? Sign Name (A. ? C Date: [l Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a parry believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. rT-i'rA rn GY N -T3 .. C- 37. Curtis R. Long Prothonotary Offire of the i9rotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor _n.2 -42SPL CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-657'