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Home My WebLink About02-3556IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOLrNTY, PENNSYLVANIA ADRIA L. FULTON, Plaintiff V. MICHAEL D. FULTON, Defendant CIVIL ACTION - LAW : No. 2002- ~'~'(~ i (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HANFT & KNIGHT, P.C. ~.~dsa; ~i~ji~h M41ay, Es~luJ~e - J/ Attorney ID ?qo. 87954 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA L. FULTON, Plaintiff MICHAEL D. FULTON, Defendant (In Custody) CIVIL ACTION - LAW No. 2OO2- COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 25th day of July, 2002, comes Plaintiff, Adria L. Fulton, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint for Primary Custody in support thereof avers as follows: 1. Plaintiff, Adria L. Fulton, is an adult individual who currently resides at 115 South Prince Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Michael D. Fulton, is an adult individual whose last known mailing address is 65 Edgelea Drive, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff, Adria L. Fulton, is the natural mother of two (2) minor children, Tricia Renee Britton, who was bom on December 28, 1993 (hereinafter referred to as "Tricia"), and Tyler Reed Fulton, who was bom on October 3, 1996 (hereinafter referred to as "Tyler"). 4. Defendant, Michael D. Fulton, is the natural father of Tyler; however, he is not the natural father of Tricia. 5. Plaintiff and Defendant have shared physical custody of the children by oral agreement since their separation on May 6, 2002. 6. Plaintiff, Adria L. Fulton, seeks primary custody of the following children subject to Defendant's periods of supervised visitation: Name Present Residence Age Tricia Renee Britton 115 South Prince Street Shippensburg, PA 17257 Tyler Reed Fulton 115 South Prince Street Shippensburg, PA 17257 Tricia was bom out of wedlock. Defendant is not the natural father of Tricia. Tyler was not bom out of wedlock. Defendant is the natural father of Tyler. Plaintiff is the natural mother of both children. The children are presently in the custody of Plaintiff, Adria L. Fulton, at her home located at 115 South Prince Street, Shippensburg, Pennsylvania 17257. Since birth, the children have resided with the following persons and at the following addresses: Name Address Dates Adria L. Fulton 115 S. Prince Street Shippensburg, PA 5/6/2002 - Present Adria L. Fulton & Michael D. Fulton 115 S. Prince Street Shippensburg, PA 3/22/2002 - 5/6/2002 Adria L. Fulton 115 S. Prince Street Shippensburg, PA 1/2002 - 3/22/2002 Adria L. Fulton & Michael D. Fulton 115 S. Prince Street Shippensburg, PA 10/2001 - 1/2001 Adria L. Fulton, 65 Edgelea Drive Michael D. Fulton & Chambersburg, PA Warren A. Britton (Petitioner's Father) 9/15/2001 - 10/2001 Adria L. Fulton & 4609 Deep Creek Blvd. 9/1999 - Michael D. Fulton Portsmouth, VA 9/15/2001 Adria L. Fulton Motel 11 Apartments 3/1999 - Philadelphia Avenue 9/1999 Chambersburg, PA Adria L. Fulton & Michael D. Fulton Motel 11 Apartments Philadelphia Avenue Chambersburg, PA Adria L. Fulton & Michael D. Fulton 349 Farmington Drive Shippensburg, PA Adria L. Fulton, 65 Edgelea Drive Michael D. Fulton, & Chambersburg, PA Warren A. Britton (Petitioner's Father) Adria L. Fulton & Michael D. Fulton Washington State 8/1998 - 3/1999 11/1997 - 8/1998 7/1997 - 11/1997 5/1995 - 7/1997 Plaintiff, Adria L. Fulton, who is the natural mother of the children, currently resides in her home at 115 South Prince Street, Shippensburg, Pennsylvania. Defendant, Michael D. Fulton, who is the natural father of Tyler, has his home address as 65 Edgelea Drive, where he lives with Plaintiff's father; however, Defendant is currently at the Chambersburg Hospital in the Psychiatric Ward atter having attempted to commit suicide on Monday, July 15, 2002. 7. The relationship of Plaintiff, Adria L. Fulton, to the children is that of natural mother. 8. Plaintiff, Adria L. Fulton, lives with her two children in her home in Shippensburg, Cumberland County, Pennsylvania. 9. The relationship of Defendant, Michael D. Fulton, to Tyler is that of natural father. Defendant, Michael D. Fulton, is not the natural father of Tricia. Defendant currently lives with Plaintiff's father in Plaintiff's father's home in Chambersburg, Franklin County, Pennsylvania; however, Plaintiff believes and therefore avers that upon Denfendant's release from Chambersburg Hospital, he will be moving in with his mother. 10. 11. 12. Plaintiff believes and therefore avers that Respondent is mentally unstable. Plaintiff has been the primary care-giver to the children since the children's birth. Plaintiff does not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have physical custody or visitation fights with respect to the children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the natural mother of both of the children; b. Plaintiff continues to maintain a good relationship with the children; c. Defendant is psychiatrically unstable and unable to care for the children; d. Defendant is a danger to himself and others, including, the children; e. Defendant has threatened suicide in the presence of the children; f. Defendant has attempted to commit suicide using a motor vehicle in which the children rode on a normal basis; g. Defendant has intentionally caused emotional harm to Tricia; h. Plaintiff can and continues to offer a stable, loving home environment for the children; i. Plaintiff will ensure that the children are and continue to be raised in a healthy, loving environment; j. Plaintiff will encourage the children to participate in and cooperate in supervised visitation with Defendant occur on a regular basis; k. Plaintiff is concerned for the safety and welfare of her children if they are left alone with Defendant; 1. Plaintiffdesires to continue to exercise her maternal duties and responsibilities and to enjoy the love and affection of the children; m. Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; and n. Plaintiff is, and has always been, willing to accept, and has had custody of the children. 14. Each parent whose parental fights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a fight to custody or visitation of the children. WHEREFORE, Plaintiff, Adria L. Fulton, respectfully requests this Honorable Court enter an Order granting her primary physical custody of the children subject to Defendant, Michael D. Fulton's, periods of supervised visitation. Respectfully Submitted, HANFT & KNIGHT, P.C. il~c-h 1V~clay, Esquire ~ Attorney I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attomeys for Petitioner VERIFICATION I verify that the statements made in this Complaint for Primary Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA L. FULTON, Petitioner MICHAEL D. FULTON, Respondent CIVIL ACTION - LAW No. 2002 - 3556 (In Custody) CERTIFICATE OF SERVICE AND NOW, this 26th day of July, 2002, I, Gerald R. Henneman, Private Investigator, hereby certify that I have this day served the following person with a copy of the Petition for Emergency Relief, via hand-delivery, addressed as follows: Michael D. Fulton Chambersburg Hospital 112 North Seventh Street 3 Main Floor Chambersburg, Pennsylvania 17201 Henneman's Private Investigation Gerald R. Henneman, Private Investigator 111 Fairway Drive Carlisle, Pennsylvania 17013 (717) 258-0700 HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PENNSYLVANIA 17013-9365 (7 7) 258-0700 At The request of Attorney Lindsay Gingrich-MaClay, this investigator traveled to the Chambersburg Hospital and served Michael D. Fulton with a copy of the Petition for Emergency Relief. Subject was served in the Phsyc. Ward with Elizabeth Coady presem. Service was at 1040 hr. this date. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA L. FULTON, Plaintiff Vo MICHAEL D. FULTON, Defendant CIVIL ACTION - LAW No. 2002 - 3556 (In Custody) CERTIFICATE OF SERVICE AND NOW, this 26th day of July, 2002, I, Gerald R. Henneman, Private Investigator, hereby certify that I have this day served the following person with a copy of the Complaint for Primary Custody, via hand-delivery, addressed as follows: Michael D. Fulton Chambersburg Hospital 112 North Seventh Street 3 Main Floor Chambersburg, Pennsylvania 17201 Henneman's Private Investigation ~rald R. I2ie'nneman, Private Investigator 111 Fairway Drive Carlisle, Pennsylvania 17013 (717) 258-0700 ADRIA L. FULTON PLAINTIFF MICHAEL D. FULTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3556 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 20, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot be accomplished, to define and narrow thc issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schednled hearing. FOR THE COURT, By: /s/ _lacqueline M. Verney. Esq. ~_.~ Custody Conciliator c2 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA L. FULTON, Petitioner MICHAEL D. FULTON, Respondent CIVIL ACTION- LAW No. 2002- (In Custody) TEMPORARY ORDER ANDNOW, this ~04'~X day of ~ ,2002, upon consideration ofthe attached Petition for Emergency Relief, IT IS ORDERED that a hearing shall be conducted in Courtroom Number ~_, Cumberland County Courthouse, Carlisle, Pennsylvania, at I~'0~ I~ t~i~ ,J. ADRIA L. FULTON, Petitioner Vo MICHAEL D. FULTON, Respondent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3556 CIVIL TERM IN CUSTODY TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 5th day of August, 2002, after hearing on the emergency petition, it is ordered and directed that Adria L. Fulton shall have primary physical custody of her children, Tricia Renee Britton, born December 28, 1993, and Tyler Reed Fulton, born October 3, 1996. Respondent Michael D. Fulton may have supervised visitation with said children as agreed upon by the parties, but not less than four hours per week, if requested. Said visitation shall be supervised by Respondent's mother or by another person mutually agreeable to the parties. We will schedule an emergency hearing to revise this Order upon petition of either party. This Order is temporary in nature pending the results of the conciliation and any subsequent custody hearing. By the Court, Edwal E. Guido, J. ,~'~ndsay Gingrich Maclay, Esquire Attorney for Petitioner srs VfNV/P¢,$NN~d ADRIA L. FULTON, Plaintiff Vo MICHAEL D. FULTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2002 - 3556 (In Custody) CERTIFICATE OF SERVICE AND NOW, this 12.., day of August, 2002, I, Gerald R. Henneman, Private Investigator, hereby certify that I have this day served the following person with a copy of Custody Conciliator, Jacqueline M. Vemey, Esquire's, August 1, 2002 Order for Conciliation, via hand-delivery, addressed as follows: Michael D. Fulton VA Hospital Lebanon, Pennsylvania 17042 Henneman's Private Investigation Gerald R. Henneman, Private Investigator 111 Fairway Drive Carlisle, Pennsylvania 17013 (717) 258-0700 HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PENNSYLVANIA 17013-9365 (717) 258-0700 08-12-02 This investigator traveled to the Lebanon VA Hospital and found that Michael D. Fulton was to be located in 18-4-B. Investigator went to that location and upon getting off the elevator, found Michael D. Fulton in his wheelchair coming down the hall to get on the elevator. He was personally served and opened the envelope in this investigators presence, reading its contents, getting on the elevator and continuing down to reception area and later outside. Investigator left at the same time. ADRIA L. FULTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3556 CIVIL ACTION LAW MICHAEL D. FULTON : IN CUSTODY DEFENDANT ._ ORDER OF COURT AND NOW, Thursday, August 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 20, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ [acaueline M. Vernev. Esa. ~ ' ' Custody Conciliator ' U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business berate 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATI~ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM t', CORD In Testimony whereof, I hare unto s~t my hand and tho seal of said Court at Carlisle, Pa. This ..../.. ........... day of.,~,. ........... ............. ' Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADRIA L. FULTON, : Plalmiff : V. : MICHAEL D. FULTON, : Defendant : CIVIL ACTION - LAW No. 2002 - 3556 (In Custody) CERTIFICATE OF SERVICE AND NOW, this /,2 day of August, 2002, I, Gerald R. Henneman, Private Investigator, hereby certify that I have this day served the following person with a copy of Judge Guido's August 5, 2002 Temporary Custody Order, via hand-delivery, addressed as follows: Michael D. Fulton VA Hospital Lebanon, Pennsylvania 17042 Henneman's Private Investigation Gerald R. Henneman, Private Investigator 111 Fairway Drive Carlisle, Pennsylvania 17013 (717) 258-0700 F:\User Folder~Firm Docs\Gendocs2002x2719.2.cert. serv.2.wpd HENNEMAN'S PRIVATE INVESTIGATION 111 FAIRWAY DRIVE CARLISLE, PENNSYLVANIA 17013-9365 (717) 258-0700 08-12-02 This investigator traveled to the Lebanon VA Hospital and found that Michael D. Fulton was to be located in 18-4-B. Investigator went to that location and upon getting off the elevator, found Michael D. Fulton in his wheelchair coming down the hall to get on the elevator. He was personally served and opened the envelope in this investigators presence, reading its contents, getting on the elevator and continuing down to reception area and later outside. Investigator left at the same time. ADRIA L. FULTON, Petitioner Vo MICHAEL D. FULTON, Respondent IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3556 CIVIL TERM IN CUSTODY TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 5th day of August, 2002, after hearing on the emergency petition, it is ordered and directed that Adria L. Fulton shall have primary physical custody of her children, Tricia Renee Britton, born December 28, 1993, and Tyler Reed Fulton, born October 3, 1996. Respondent Michael D. Fulton may have supervised visitation with said children as agreed upon by the parties, but not less than four hours per week', if requested. Said visitation shall be supervised by Respondent,s mother or by another person mutually agreeable to the parties. We will schedule an emergency hearing to revise this Order upon petition of either party. This Order is temporary in nature pending the results of the conciliation and any subsequent custody hearing. By the Court, E--dwa~j · ~indsay Gingrich Maclay, Esquire L/AttOrney for Petitioner srs ~ TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. ADRIA L. FULTON, Plaintiff MICHAEL D. FULTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3556 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~~ dayof O~ ., 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Adria L. Fulton, shall have sole legal custody of Tyler Reed Fulton, bom October 3, 1996. 2. Mother shall have sole physical custody of the Child. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Lindsay Gingrich Maclay, Esquire, Counsel for Mother Michael D. Fulton, pro se VA Hospital 1700 S. Lincoln Ave. Building 18, 4th Floor Lebanon, PA 17042 ADRIA L. FULTON, Plaintiff MICHAEL D. FULTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3556 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF October 3, 1996 Mother Tyler Reed Fulton 2. A Conciliation Conference was held in this matter on October 21, 2002, with the following individuals in attendance: The Mother, Adria L. Fulton, with her counsel, Lindsay Gingrich Maclay, Esquire. Father did not appear. Arrangements were previously made with the VA Hospital in Lebanon for a telephone conference with Father. However on the day of the conference, Mr. Fulton was no longer at the Hospital. Mr. Fulton was aware of the hearing date, time and location. It is believed that Father was in the hospital on an involuntary mental health commitment following a suicide attempt. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated August 5, 2002 granting primary physical custody to Mother with Father having periods of supervised visitation not less than four hours per week. 4. Mother requested an Order in the from attached. /'O , d, z l -02- Date Custody Conciliator