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Home My WebLink About01-05666IN THE COURT OF COMMON PLEAS OLDRISKA JUSTIKOVA, PLAINTIFF N O. 01-5666 CIVIL TERM VERSUS RICHARD A. FOSTER, DEFENDANT AME[~IDfiD DECREE IN DIVORCE AND NOW, DECEMBER 12 2001@ ,RIOT IS~ORDERED AND DECREED THAT OLDRISKA JUSTIKOVA AND RICHARD A. FOSTER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; NONE PROTHONOTARY IN THE COURT OF COMMON PLEAS OLDRISKA JUSTIKOVA~ Plaintiff VERSUS RICHARD E. Defendant N O 01-5666 Civil Term DECREE IN DIVORCE I ~ ~.a y A~M AND NOW, `I _ '~ '~ 2001 IT IS ORDERED AND DECREED THAT OldrlSka JllStl.~{OVd AND Richard E. Foster ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; None B ATTEST: J. PROTHONOTARY r ~ ~ ~ u .v :=~ o' ~} u. s, v ~ ~ T IN THE COURT OF COMMON PLEAS OLDRISKA JUSTIKOVA, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD E. FOSTER, CIVIL DIVISION Defendant NO. 01-5666 CIVILTERM PRAECIPETOTRANSMIT 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: I 3301(d)(1) of the Divorce Code. ' (Strike out inapplicable section). 2. Date and manner of service of the complaint: October 1 z, zool by Acceptance of 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 by defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: September z6, 2001 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: rh, nx~Pmt~,- z, 2nm hY A,-~eptanre of service (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~. . 5 S p!~ N i~i - ~ ~~ .W.,.. I i ._ ~.1 _ ~ :' -;. "- ~ ") ~i i. i!: :~ - t; ~ r , ~ rr--<,awv¢.~ .,., ~~rcustwm °~~§va~r;~~ ,~ OLDRISKA NSTIKOVA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD E. FOSTER, : NO. Ql-S(oro(~ CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF MARITAL 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 OLDRISKA JUSTIKOVA, Plaintiff v. RICHARD E. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. D 1-Z5 ~ sera CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Oldriska Justikova, an adult individual currently residing in Dauphin County, Pennsylvania, but whose specific address is being withheld from this Complaint for protective purposes. Plaintiff can be contacted and served with process through her attorney, Bradley L. Griffie, Esquire, at Griffie & Associates, 200 North Hanover Street, Carlisle, Pennsylvania, 17013. 2. Defendant is Richard E. Foster, an adult individual currently residing at 12 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 1994, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. ,_.~,. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Esquire GRIFFIE'& ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: (/ j ZG D ~ ~~~%~ ~ "~1 OLDRISKA NSTI VA, Plaintiff F ~\ \. ~'~ o U; ~. ~ ~ ~ ~ ~~ ~~ ~~ ~. OLDRISKA JUSTIKOVA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW RICHARD E. FOSTER, NO. 01-5666 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Richard E. Foster, Defendant, acknowledge that I received a certified and true copy of a Complaint in Divorce, related Notice to Defendant and Claim Rights, and Plaintiff s Affidavit under §3301(d), in the above captioned action. Date: 0 ~'~/~ ' RICHARD E. FOSTER, efendant C` r m,;,; ~ - c-7 -~ -~ __ ~r " rn?= " -:.-- a: - ~ i _~ ~ ~ `; `ri . ,~ 1=t -< ~~ ~{ .... ..,.. ..... ~avx. .. Wit: -_ ... ~ZaKx . ~ ~ .-,,..~~~:. ~.:, «: a ~ ~=n= '~~ OLDRISKA JUSTIKOVA, Plaintiff v. RICHARD E. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5666 CIVIL TERM IN DIVORCE NOTICE TO REQUEST THE ENTRY OF §3301~d) DIVORCE DECREE TO: RICHARD E. FOSTER, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the §3301(d) affidavit. Therefore, on or after November 30. 2001. the other party can request the court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the court an Answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter affidavit which you may file the Prothonotary of the court is attached to this Notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ..... _. _ _~ ? =' _ ' -< , -. C7 ~: - ~_ ` ' f, Y L .. ~'' ~ 7 'fl. ... hP•mmw~w+cA~•~a .aa~uf- - _ _ R3]znr~a ~ ~ _ ~. ~ vu-vim ~.. F r.-. ~=rr r = ~w~~~.Awr '~ 9y9~Pi~51451J_ OLDRISKA NSTIKOVA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD E. FOSTER, NO. d~ - j ~p~ ~ CIVIL TERM Defendant : IN DIVORCE TI E If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(4) OF THE DIVORCE CODE 1. The parties to this action separated since 1998 and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ~y~~ 0~ OLDRISKA NS {OVA, Plaintiff C^ ~ C -i7 ray -, CC rr# Rt(LLi' .~_ YJ - -~ - ~ s L ` ® ` _ " M, }mil l ` ;g ~ _ , ?84~1Fa~ t aN~•r, -~.a ~E:.-ra~.~`1Wa€5P .. ',dbR'?•'+w.jai#.?~t"Y~~.?5,a1.j~.,Hf,4~~! OLDRISKA JUSTIKOVA, Plaintiff v. RICHARD E. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. p l ' S (a(r (v CIVIL TERM IN DIVORCE COUNTER AFFIDAVIT UNDER §3301(dl OF THE DIVORCE CODE Check e/ither (a) or (b): / (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree. (Check either (i), (ii), or both) (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~(a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth in the notice of intention to request divorce decree, the divorce decree may be entered without further delay. I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: .D ~ ~~~4 p~ R~CIHARD E. F STER, Defendant IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. ~. c> ~ c >> ~ - ` Gm `a `' - zt~ ' ~'' . ~ } _~ c _; , _ ~ -~ ~ ~-~ ~ \, ~ ~, ~ ~ ~~ OLDRISKA JUSTIKOVA, Plaintiff v. RICHARD E. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5666 CIVIL TERM IN DIVORCE COUNTER AFFIDAVIT UNDER §3301(d~ OF THE DIVORCE CODE Check either (a) or (b): ~a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check either (i), (ii), or both) (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~(a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the foregoing document 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 falsifications to authorities. '~ ~//JJ DATE: ~/ .Z O I `- (~~ . ' E~`J RICHARD E. FOSTER, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. c `~' ~ ~ c _ -~ __ r o _ _- ~-r , , r Vii,: _.. ._ ' ' T> G C _ 's' i - l=J J `'~''p ~: C.3 -~ S /_`~ /f V -'~~. .. ,~^m ~vw.~mz~x~p ,_~ _., SlRiffi3t~~k~!?ates xh 5 ,:."~~ r:qi ur~~~,n~g~t~:~ax ~~t~~,*,3+1n ~.~rssrm ~xn~wxa' OLDRISKA JUSTIKOVA, Plaintiff v. RICHARD E. FOSTER, Defendant lIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5666 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, RICHARD E. FOSTER, Defendant, acknowledge that I received a certified and true copy of a Notie to Request the Entry of a §3301(d) Divorce Decree and a Counter Affidavit under §3301(d) of the Divorce Code in the above captioned action by first class mail, postage prepaid, on or about November ,~ , 2001. Date: ~J 2 ~ RICHARD E. FOSTER, Defendant r ~'~ zc' ,.~ cn ';, c, - ~c:: - _- Ly ~-~ ,~_ __ - 5> ~' r.+ - ri =± __E w -~: .r -~ ~S 2,_ MAF~ 1 2 ZOOL OLDRISKA JUSTIKOVA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD E. FOSTER, Defendant CIVIL ACTION -LAW NO. 01-5666 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this ~ 7~day of ~~ , 2002, upon presentation and consideration of the within Petition, the Decree in Divorce previously entered in this matter on December 12, 2001, is hereby modified and amended to provide that the caption of the within case and the Decree in Divorce are both modified to change the name of Defendant from Richard E. Foster to Richard A. Foster. In all other respects, the Decree in Divorce remains as entered. cc: /l~radley L. Griffie, Esquire Attorney for Plaintiff ~kichard A. Foster, Defendant, pro se BY TH R , EDWARD E6. GU~IDO, Judge > / S 03-1~1-oa R~ ~~ ~IWb7~~~~,SNi~?d A_lf~<f~C~_: ~,_ ~. ~ n - i ts; - ~_V ~v'Li C„ b~ udr's l_1 ;' _.. ~ _+P ma6aRl~w'~ _wrxm~ga~.aranm.~~ :._~+'e>~...~,~ .-~~_ , ~~s n 3 ti.~.- ~ a ..,a .,.,E -.wnaSPSa6eWmmi~Y MAR ~ 2 zooz~ OLDRISKA NSTIKOVA, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW RICHARD E. FOSTER, NO. 01-5666 CIVIL TERM Defendant : IN DIVORCE AND NOW come Petitioner, Richard A. Foster, and Petitions the Court as follows: 1. Petitioner is Richard A. Foster, an adult individual currently residing at 12 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is the Defendant in the above captioned action, which incorrectly references his middle initial as "E." 3. Throughout these proceedings, all documents included Petitioner's name as Richard "E." Foster, but Petitioner failed to note the error in the documents. 4. This case was finalized through the entry of a Decree in Divorce on December 12, 2001, which Decree included reference in the caption and in the Decree itself to Richard "E." Foster when, in fact, the Decree and caption should have referenced Richard "A." Foster. 5. Petitioner has recently brought this to the attention of Bradley L. Griffie, Esquire, counsel for Plaintiff in the above captioned action, and requested that the correction be made so that the records in the divorce matter as well as the records received by the Vital Statistics office are accurate. WHEREFORE, Petitioner requests your Honorable Court to enter an Order amending the Decree in Divorce and the caption in the above captioned action so as to name the Defendant as Richard "A." Foster and not Richard "E." Foster. Respectfully submitted, %~~~G~z~/A/GGf /G> /tZ~ RICHARD A. FO TBR, Defendant/Fetitioner 12 South Filbert Street Mechanicsburg, PA 17055 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE:. D ! ~! L ~~~ RICHARD A. FOSTER, Defendant/Petitioner .. ~ C.k -, 3'"M G. _ ` 'ti: ~ ~ V 3 "CJ L! ~ IT. f i ~ "° .7 ~ ^J; L_ C , g .__i U~ - , -G ": r ~.... },- _• :"7 ~'`i ~~ ., iiw _. _. ., .i ~m~nxva3'ixb~,~r3.. .__.:, .wrt.iu,~s. a.. F .~.-~-+r ~.: ,....e~v.,mwv¢s..~magii'm~smig arfa .~~ rrx€~~.i~ra~ys!E~i