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HomeMy WebLinkAbout07-0127 Nichole M. Staley O'Gorman, Esquire 1. D. 78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com SHAWN M. FULLERTON Plaintiff VS. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0??!-Ia IN DIVORCE CIVIL ACTION - LAW 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, One Courthouse Square, Carlisle, PA 17013-3387. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS 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 south Bedford Street Carlisle, PA 17103 (717) 249-3166 Nichole M. Staley O'Gorman, Esquire I.D. 78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstalev anpkh com SHAWN M. FULLERTON Plaintiff vs. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 -7.. » 7 IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Shawn M & Haller, and avers as follows: Fullerton, by his attorneys, Purcell, Krug 1. Plaintiff is Shawn M. Fullerton, an adult individual who currently resides at 2153 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Laura E. Fullerton, an adult individual who currently resides at 2153 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents 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 June 26, 1997, in Monmouth, New Jersey. 5. There have been no prior actions in divorce or annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken. 9. 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. WHEREFORE, Plaintiff requests that the Court enter a decree in divorce. PU By: M Dated: (-? 61 ?D #7986q urcell, ug & Haller 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 R rman, Esquire VERIFICATION I I Rwwn M. Fullerton hereby verify that the facts contained in the foregoing Gamplaint in Dive correct to the best of my knowledge, information and belief. are true and I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: -qLI-19-3 C) 'b z6k -?: C DT_ V' Q Q4 CA rn cn Ln Michael Jerominski, Esquire I.D. 92977 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 MierominskiCcD-Turolaw.com SHAWN M. FULLERTON IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01- /., LAURA E. FULLERTON, IN DIVORCE Defendant CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, Michael Jerominski, Esquire, hereby accept service of the Complaint in Divorce on behalf of my client, Laura E. Fullerton, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. DATE: ( U A . Michael Jerominski, E quire I.D. No. 92977 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 7il ""; Mr- r- -am IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN M. FULLERTON Plaintiff V. LAURA E. FULLERTON, Defendant DOCKET NO. 07-127 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant, Laura E. Fullerton, in the above matter. Dated: 3100-+ TO THE PROTHONOTARY: TURO LAW OFFICE 13 AfU? At. 10,,? Michael M. Jeronfnski, quire I.D. No. gZ111 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Laura E. Fullerton, in the above matter. McNEES Wild-LACE & NURICK LLC By JZ 14 . Paul vy r. N . 53148 ine Street ox 1 VBE 166 Harrisburg, PA 17108 Dated: (717) 237-5343 3 1 1 S l a ? Z `. - ? rrn Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaleyO-i)kh.com SHAWN M. FULLERTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-0127 LAURA E. FULLERTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 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. 1 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: S awn M. Fullerton, Plaintiff , ? '4 t ? .. may ? A ' rTl ^ Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaleyOpkh.com SHAWN M. FULLERTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA E. FULLERTON, Defendant : NO. 07-0127 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. C.S. §4904 relating to unsworn falsification to authorities Date: Shawn M. Fullerton, Plaintiff C? d rn Z= -n rn 717 c C-n -e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN M. FULLERTON DOCKET NO. 07-127 Plaintiff V. LAURA E. FULLERTON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. (1_ L ra E. Fulle Date: 61Z 8/0-7 (A931505:1) C7 C a o ?? r . ? -rt r=- -O m .% N M --: L77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN M. FULLERTON Plaintiff V. LAURA E. FULLERTON, Defendant DOCKET NO. 07-127 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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.C.S. Section 4904 relating to unswom falsification to authorities. L ra E. Full on Date: 6/Z 8/07 {A931507:1) n r7l a L Nichole M. Staley O'Gorman, Esquire PA Atty. ID No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstaleyQpkh.com SHAWN M. FULLERTON, Plaintiff vs. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 074.29 IA7 : IN DIVORCE : CIVIL ACTION -LAW 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: Mutual Consent under §3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: January 11, 2007. Defendant's counsel was served by mail; Acknowled4ment of Service filed of record. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: June 28, 2007 and By Defendant: June 28, 2007. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: NIA. 4. Related claims pending: None 5. (Complete either (a)_or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 28. 2007; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 29. 2007. PURMEI , KRUG & l1ll 11 r: r By: \./ lk/Qljv 1 - Nich a M. Staley O' Orman 117119/N. Front Street Harr burg, PA 17102 (717) 234-4178 Date: `` - ?i ID No. 29955 Y _' co ?.+? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHAWN M. FULLERTON VERSUS LAURA E FULLERTON No. 07-127 DECREE IN DIVORCE AND NOW, Ak? IT IS ORDERED AND DECREED THAT SHAWN M FULLERRTON , PLAINTIFF, AND LAURA E. FULLERTON , 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; PROTHONOTARY ? ??' r?? -???? ?o. ?? -? DEC 0 6 2007 o"e SHAWN M. FULLERTON, Plaintiff V. LAURA E. FULLERTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-127 CIVIL ACTION - LAW IN DIVORCE %DERQ!?Z --/il AND NOW, this day , 2007, based upon the agreement of the parties as set forth below, it is hereby ordered, adjudged and decreed as follows: Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, birth date, and Social Security number of the plan "Participant" are: Name: Laura E. Fullerton Address: 2153 Canterbury Drive Mechanicsburg, PA 17055 Social Security Number: 175-52-5149 Birth Date: 12/19/1973 3. Alternate Payee Information: The name, last known address, Social Security number, and date of birth of the "Alternate Payee" are: Name: Shawn M. Fullerton Address: 592 Meadowcroft Circle Mechanicsburg, PA 17055 Social Security Number: 175-56-5149 Birth Date: 3/27/1976 The Alternate payee shall have the duty to notify the Plan Administrator in writing of any changes in his mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Software House International, Inc. 401(k) Savings Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in the Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For provision of Marital Property Rights: This Order relates to the provision of marital property rights and/or spousal support to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefit: a. Amount of Alternate Payee's Benefit: This Order assigns to Alternate Payee a portion of Participant's Total Account Balance under the Plan in an amount equal to Forty Three Thousand Seven Hundred Seventy-Nine Dollars ($43,779), effective as of June 20, 2007 (or the closest valuation date thereto). b. Allocation of Benefits: The Alternate Payee's share of the benefits shall be allocated on a "pro rata" basis among all of the Participant's accounts maintained on his behalf under the Plan. C. Investment Earnings: Once the Alternate Payee's assigned share of the benefits is determined above, he shall also be entitled to any interest and investment earnings or losses attributable thereon for periods subsequent to June 20, 2007, until the date of the total distribution. 2 d. Establishment of New Account(s): In the event the Alternate Payee does not elect an immediate distribution, his share of the benefits described above shall be segregated and separately maintained in Account(s) established on his behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from the date of segregation until the date of total distribution to the Alternate Payee. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, he shall be paid his benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 9. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives his total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan Investment, only to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to Alternate Payee receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, his estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 11. Death of Participant: In the event that the Participant dies before the Alternate Payee receives his distribution in accordance with the terms of this QDRO, or before the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of his benefits as called for under Paragraph 7 of this Order. Should the Participant predecease the Alternate Payee after the new account(s) have been established on his behalf, such Participant's death shall in no way affect Alternate Payee's right to the portion of his benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: 3 a. to provide any type of form of benefit option not otherwise provided under the terms of the Plan; b. to require the Plan to provide increased benefits determined on the basis of actuarial value; or c. to require the payment if any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, and Alternate Payee who is the spouse of former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 15. Inadvertent Payment(s) to the Plan Participant: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately return such payments to the Plan Administrator. Upon receipt of the repayment, the Plan Administrator shall issue an amended Form 1099 to the Participant so that he is not liable for any income taxes associated with the Alternative Payee's assigned share of the benefits. 16. Continued Jurisdiction: The court shall retain jurisdiction to establish and/or maintain the qualified status of this Order as a QDRO under ERISA, and to effectuate the original intent of the parties as stipulated herein. The court shall also retain jurisdiction to enter such further orders that are just,' equitable and necessary to enforce, secure and sustain the benefits awarded to the Alternate Payee, in the event that the Participant and/or the Plan Administrator fail to comply with any or all of the provisions contained herein. Such further orders may also include, but not be limited to, nunc pro tunc orders or orders that "recharacterize" the benefits awarded under this Plan to apply to benefits earned by the Participant under another plan, as applicable, or orders that award spousal or child support, to the extent necessary to carry out the intentions and provisions of this Order. 17. Plan Termination: In the event of a Plan termination, the Alternate Payee shall 4 ?I r• be entitled to receive his portion of Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 18. Actions by Participant: The Participant shall not take any action, affirmative or otherwise, that can circumvent the terms and provisions of this Qualified Domestic Relations Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of his full entitlements hereunder. WITNESS: Date /l-2lo'0-7 Date IT IS SO ORDERED. 5 >- + I- --r- J