HomeMy WebLinkAbout03-5226
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03 - ~).~
Giu~L~~
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
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 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 the Cumberland County, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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
2 Liberty Avenue
Carlisle,PA 17013
(717) 249-3166
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
A VISO
Le han demandado a usted en la corte. Si usted qui ere 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 0 en persona
o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas
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 previa aviso 0 notifcacion y por cualquier
queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0
propiedad u otros derechos importantes para usted.
LLEVE ESTADEMANDAA UN ABOGADOIMMEDIATAMENTE. SINOTIENE
ABOGADO 0 SINO TIENE ELDINERO SUFICIENTE DE P AGAR TAL SERICIO,
VA Y A EN PERSONA 0 LLAMA POR TELEFONO A LA OFICINA CUY A
DIRECION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle,PA 17013
(717) 249-3166
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 03 - 5-2-<~ C!.ivi.C-'EA-""1
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes Amy Yeager Foster, by and through her counsel, Killian &
Gephart, who represents as follows:
1. Plaintiff, AMY YEAGER FOSTER, is an adult individual, who currently
resides at 112 North 23rd Street, Camp Hill, Cumberland County, Pennsylvania 17011.
Her date of birth is February 17, 1966; and her Social Security Number is 168-64-0570.
2. Defendant, SCOTT T. FOSTER, is an adult individual who currently
resides at 1601 High Street, Camp Hill, Cumberland County, Pennsylvania 17011. His
date of birth is May 3, 1966; and his Social Security Number is 358-56-1340.
3. Plaintiff avers that she has been a bonafide resident in the Commonwealth
of Pennsylvania for a period of at least six (6) months previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on August 24,1991, in
Harrisburg, Pennsylvania.
5. Plaintiff avers that there are no children born of this marriage.
6. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief
Act of the Congress of 1940 and its amendments.
7. There have been no other prior actions of divorce or annulment filed by
either of the parties hereto.
8. Plaintiff has been advised of the availability of counseling and that Plaintiff
has the right to request that the Court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
COUNT ONE --CLAIM FOR EOUITABLE DISTRIBUTION OF
MARITAL PROPERTY
10. The averments of Paragraphs 1 through 9 are hereby incorporated by
reference thereto.
11. The Plaintiff and Defendant are the owners of various items of property
acquired during their marriage which are subject to equitable distribution by this Court.
WHEREFORE, the Plaintiff requests the Court enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Equitably distributing all marital property owned by the parties
hereto;
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c. Granting such further relief as the Court may determine equitable
and just.
Respectfully submitted,
KILLIAN & GEPHART
17108
Dated: q- ~o-o3
Attorneys for Plaintiff
3
VERIFICATION
I hereby verifY that the statements of fact made in the foregoing document are true and
correct to the best of rny knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904, relating to
unsworn falsification to authorities.
Dated: 09/30/03
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AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 03-5226
SCOTI T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this ..t:L day of lJ e. c. , 2004, by and betwe
AMY YEAGER FOSTER of 133 Nittany Drive, Mechanicsburg, Pa, Cumberland
County, Pennsylvania, 17055, (hereinafter referred to as "Wife"), and SCOTT T.
FOSTER of 1601 High Street, Camp Hill, Cumberland County, Pennsylvania, 1701 ,
(hereinafter referred to as "Husband"),
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 24,1991; d
WHEREAS, no children have been conceived of this marriage; and
WHEREAS, differences have arisen between Husband and Wife in conseque e
of which they live apart; and
WHEREAS, Husband and Wife desire to settle and determine their respective
rights and obligations; and
NOW THEREFORE, the parties intending to be legally bound hereby coven t
and agree:
1. SEPARATION: It shall be lawful for each party at all times hereafte to
live separate and apart from the other party at such place as he or she may from tim to
time choose or deem fit. The foregoing provisions shall not be taken as an admissio on
the part of either party of the lawfulness or unlawfulness of the causes leading to the
living apart.
2. INTERFERENCE: Each party shall be free from interference, autho ity,
and contact by the other, as fully as ifhe or she were single and unmarried except may
be necessary to carry out the provisions of this Agreement. Neither party shall mole t the
other or attempt to endeavor to molest the other, nor compel the other to cohabit wi the
other, or in any way harass or malign the other, nor in any way interfere with the pea eful
existence, separate and apart from the other.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since e
separation on September 20, 2003, she has not and in the future she will not contract or
incur any debt or liability for which Husband or his estate might be responsible and s all
indemnify and save hannless Husband from any and all claims or demands incurred
her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that
since the separation on September 20, 2003, he has not and in the future he will not
contract or incur any debt or liability for which Wife or her estate might be responsibl
and shall indemnify and save hannless Wife from any and all claims or demands mad
2
against her by reason of debts or obligations incurred by him.
5. OUTSTANDING JOINT DEBTS: Except as specifically set forth h ein
all debts, contracts, obligations or liabilities incurred at any time in the past by eith
the parties will be paid promptly by said party, unless and except as otherwise speci cally
set forth in this Agreement; and each of the parties hereto further promises, covenan and
agrees that each will now and at all times hereafter save harmless and keep the other r
his or her estate indemnified and saved harmless from all debts or liabilities incurred y
him or her, as the case may be, and from all actions, claims and demands whatsoever with
respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever
appertaining to such actions, claims and demands. Neither party shall, after the date f
this Agreement, contract or incur any debt or liability for which the other or his or h
property might be responsible, and shall indemnify and save harmless the other from
and all claims or demands made against her or him by reason of debts or obligations
incurred by her or him and from all costs, legal costs and counsel fees unless provide to
the contrary herein.
6. MUTUAL RELEASE: Subject to the provisions of this Agreement, e ch
party has released and discharged, and by this Agreement does for himself or herself
his or her heirs, legal representatives, executors, administrators and assigns, release
discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, which either of the parties ever had or now has against th
3
other, except any or all causes of action for termination of the marriage by divorce
annulment and except for all causes of action for breach of any provisions of this
Agreement. Husband and Wife specifically release and waive any and all rights he r she
might have to raise claims under the Divorce Code and any amendments thereto
including, but not limited to claims for equitable distribution of marital property, su ort,
alimony, alimony pendente lite, counsel fees or expenses. The parties agree that the
moving party in any divorce action which has been or which will be commenced sh I
request the Court to incorporate, but not merge, this Agreement into any divorce dec ee.
If this Agreement is incorporated into a divorce decree, the parties shall have the ri t to
enforce this Agreement under the Divorce Code and any amendments thereto in addi ion
to any remedies in law or equity and these enforcement rights are not waived or rele ed
by any of the provisions of this Agreement. The fact that a party brings an action to
enforce the property agreement as incorporated in the divorce decree does not give ei er
party the right to raise other claims under the Divorce Code specifically waived and
released by this paragraph, and all rights and obligations of the parties arising out of e
marriage shall be determined by this Agreement.
7. DIVISION OF PERSONAL PROPERTY: Except for an ivy pattern
set of china which will be dropped offby Wife at Attorney Andes office with thirty ( 0)
days of the signing of this agreement, the parties have divided between them, to their
mutual satisfaction, the personal effects, household furniture and furnishings, and all
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other articles of personal property which have theretofore been used by them in co on,
and neither party will make any claim to any such items which are now in the posse sion
or under the control of the other. Should it become necessary, the parties each agre to
sign any titles or documents necessary to give effect to this paragraph upon request.
8. DIVISION OF REAL PROPERTY: Wife agrees to transfer all ri
title and interest in and to the real estate situated at 160 I High Street, Camp Hill,
Cumberland County, Pennsylvania, 170 II, now titled in the name of Husband and
as tenants by the entireties to the Husband and agrees to immediately execute now 0 in
the future any and all deeds, documents, or papers necessary to effect such transfer 0 title
upon request. Wife further acknowledges that she has no claim, right, interest, or titl
whatsoever in said property and further agrees never to assert any claim to said prop
in the future.
Husband agrees that he will be fully responsible and further agrees to indemni
and hold Wife hannless from any and all liability for the debt to Robert J. Trace, wi an
approximate balance of $188,000 and the line of credit encumbering the marital resid nce
with an approximate balance of$18,000. Within ninety (90) days of the date of this
agreement, Husband shall take the necessary steps to satisfy the home equity loan on e
Marital Residence. Husband further agrees that within ninety (90) days of the date of
agreement he shall obtain from Mr. Trace a written document in which Wife is releas
from any obligation for the debt owed to Mr. Trace, said documents shall be forwarde to
5
Wife's counsel within said ninety (90) day period.
9. LUMP SUM PAYMENT TO WIFE Husband agrees to, within tho
(30) days of the signing of this agreement, to make a lump sum payment to Wife in the
amount of $46,000.00.
10. RETIREMENT PLANS:
A. Husband's Tristan Associates Pension and Profit Sharing Plan. Wife
agrees to transfer any and all right, title and interest which she ay
have to Husband's Tristan Associates Pension and Profit Sharin
Plan with an approximate balance of $36, 779 to Husband.
B. Wife's All first IRA. Husband agrees to transfer any and all ri t,
title and interest which he may have to Wife's Allfirst IRA wi an
approximate balance of $4,649 to Wife.
11. QJ'HER FINANCIAL ASSETS:
A. Joint M&T Checking Account. Wife agrees to transfer any an all
right, title and interest which she may have to the Joint M& T
Checking Account with an approximate balance of$626 to Hus and.
B. Wife's M&T Checking Account. Husband agrees to transfer an and
all right, title and interest which he may have to Wife's M&T
Checking Account with an approximate balance of$5,776 to W e.
C. Joint M&T Savin~s Account. Husband agrees to transfer any all
6
right, title and interest he may have to the parties Joint M&T S vings
Account with an approximate balance of $2,701 to Wife.
D. Wife's Oppenheimer Funds Money Market Account. Husband
agrees to transfer any and all right, title and interest he may ha e to
Wife's Oppenheimer Funds Money Market account with an
approximate balance of$16,185, to Wife.
12. AUTOMOBILES:
A. Wife agrees to transfer all his right, title and interest whatever i may
be to a 1990, 944 Porsche, to Husband.
B. Husband agrees to transfer all his right, title and interest whate er it
may be to a 2002 Volvo to Wife.
13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein
otherwise provided, each party may dispose of his or her property in any way, and ch
party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital relationship, including wi out
limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in
intestacy, right to take against the Will of the other, and right to act as administrator r
executor of the other's estate, and each will, at the request of the other, execute,
acknowledge, and deliver any and all instruments which may be necessary or advisa Ie to
7
carry into effect this mutual waiver and relinquishment of all such interests, rights d
claims. This provision shall not affect either party's right or power to expressly incl de
the other party as beneficiary in any Will or other document, whether written in past or in
the future. This provision shall not affect either party's right or power to expressly
include the other party as beneficiary of any insurance policies whether effective in e
past or in the future.
14. AGREEMENT BINDING ON HEIRS: This Agreement shall be bin . g
on and shall inure to the benefit of the parties hereto and their respective heirs, exec tors,
administrators, successors and assigns.
15. TAXES: By this Agreement, the parties have intended to effectuate
this Agreement have equally divided their marital property. The parties have dete
that such division conforms to a right and just standard with regard to the rights of e ch
party. The division of existing marital property is not, except as may be otherwise
expressly provided herein, intended by the parties to constitute in any way a sale or
exchange of assets, and the division is being effected without the introduction of out ide
funds or other property not constituting a part of the marital estate. As a part of the ual
division of the marital property and the marital settlement herein contained, the parti s
agree to save and hold each other hannless from all income taxes assessed against th
other resulting from the division of the property as herein provided.
The parties acknowledge that they have filed various joint income tax returns
8
during the course of their marriage. In filing each such return, each party has relied
exclusively upon the other party to provide truthful and accurate infonnation relatin to
the other party's employment income, business income or deductions, or income fro any
other source. In the event that any additional taxes, penalties or interest are assesse
result of any such joint return, the party responsible for under-reporting income or
claiming any improper deduction shall indemnifY and save the other party harmless om
such tax liability, penalties, interest, attorney's fees or accountant's.
16. SUBSEQUENT DIVORCE: Both parties agree to execute Affidavit of
Consent to Divorce and Waivers of Notice ofIntention to Request Entry of a Divor e
Decree pursuant to Section 330I(c) of the Divorce Code contemporaneous with the
signing of this Agreement and shall direct their respective counsel to immediately fil
with the Court said documents. Wife agrees that she shall direct J. Paul Helvy, her
counsel to immediately file with the Court a Decree in Divorce from the bonds of
matrimony under Section 3301(c) of the Divorce Code.
17. BREACH: If either party breaches any provision of this Agreement, e
other party shall have the right, at his or her election, to sue for damages for such br ach
or seek such other remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of reasonable legal fees and osts
incurred by the other in enforcing their rights under this Agreement.
18. ADDITIONAL INSTRUMENTS: Each of the parties shall from fun to
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time, at the request of the other, execute, acknowledge, and deliver to the other p any
and all further instruments that may be reasonably required to give full force and e ct to
the provisions of this Agreement.
19. VOLUNTARY EXECUTION: The provisions of this Agreement and
their legal effect have been fully explained to the parties by their respective counsel The
Wife has employed and had the benefit of counsel of J. Paul Helvy, as her attorney. e
Husband has employed and had the benefit of counsel of Samuel L. Andes, as his
attorney. Each party acknowledges that he or she has received independent legal ad ice
from counsel of his or her selection and that each fully understands the facts and has een
fully informed as to his or her legal rights and obligations, and each party acknowle es
and accepts that this Agreement is, under the circumstances, fair and equitable, and
is being entered into freely and voluntarily after having received such advice and wi
such knowledge, and that execution of this Agreement is not the result of any duress r
undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements. Also, each party hereto acknowledges that he or she has b en
fully advised by his or her respective attorney of the impact of the Pennsylvania Div ce
Code, whereby the Court has the right and duty to determine all marital rights of the
parties, including divorce, alimony, alimony pendente lite, equitable distribution of
marital property or property owned or possessed individually by the other, counsel fe s
and costs of litigation and, fully knowing the same and being fully advised of his or h
10
rights thereunder, each party hereto still desires to execute this Agreement acknowl ging
that the terms and conditions set forth herein are fair, just, and equitable to each of e
parties and waives their respective right to have the Court of Common Pleas of
Cumberland County or any other Court of competent jurisdiction to make any
determination or order affecting the respective parties' right to a divorce, alimony,
alimony pendente lite, equitable distribution of all marital property, counsel fees and costs
of litigation.
20. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties, and there are no representations, warranties, covenants, or
undertakings other than those expressly set forth herein.
21. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and exec ed
with the same formality as this Agreement. The failure of either party to insist upon trict
performance of any of the provisions of this Agreement shall not be construed as a w iver
of any subsequent default of the same or similar nature.
22. MUTUAL ACCEPTANCE: The parties accept the provisions of this
Agreement in lieu of and in full and final settlement and satisfaction of all claims an
demands that they may now or hereafter have against each other for their support and
maintenance, and also alimony, alimony pendente lite, counsel fees or for any other
provision for their support and maintenance, and also alimony, alimony pendente lite,
11
counsel fees, costs and expenses and any other charge of any nature whatsoever
pertaining to any divorce proceeding which may have been or may be instituted by e
parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction
any divorce proceeding which may be instituted by either party in any court in the
Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, osts
or expenses incurred or to be charged by any counsel arising in any manner whatsoe er
for breach of this Agreement.
23. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each paragraph hereo shall
be deemed to be a separate and independent covenant and agreement.
24. APPLICABLE LAW: This Agreement shall be construed under the ws
of the Commonwealth of Pennsylvania.
25. PRIOR AGREEMENTS: It is understood and agreed that any and al
property settlement agreements which mayor have been executed prior to the date d
time of this Agreement are null and void and of no effect.
26. VOID CLAUSES: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement d in
all other respects this Agreement shall be valid and continue in full force, effect and
operation.
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. .
27. DATE OF THIS AGREEMENT. The date of this Agreement shall e
the date on which the Agreement is signed by both parties. In the event the parties 0 not
sign this Agreement on the same day, the date of the Agreement shall be the date th the
last party has executed the Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and se s the
day and year first above-written.
WI{!lS:
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COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF )
On this the d/jldayof /JLOlJtLU.fA ,20 C'(before me, the undersi ed
officer, personally appeared Amy Yeager Foster, known to me (or satisfactorily pro n)
to be the person whose name is subscribed to the within instrument, and acknowledg d
that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
, /)
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'/ Iii) 1<ffj(- f') / Lt .
ONWEALTH F PENNSY
Notarial Seal
.Rhonda L: Lang. Notary Public
City of Ramsburg. Dauphin Cowuy.
My Commission Expires Aug. 9. 2008
My Commission Expires:
COMMONWEALTH OF PENNSYL VANIA
COUNTYOF ~
)
) SS.:
)
On this the ~ day of~, 20~efore me, the undersi ed
officer, personally appeared Scott T. Foster, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged tha she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
Qrrup.lJ/o A g 1/111
My Commission Expires:
NOTARIAL :SEAL
AMY M HARKINS, NOT ARY PU~~18N1Y
~~~2~~~I~~f~N' ~~p~:g\~~O 31. 2UO' 14
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mai/piece,
or on the front if space permits.
1. Article AddP'llil~ to:
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2. Article Number
(Transfer from san/ice label)
PS Form 3811, March 2001
c.
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3. Service Type
.'D1 Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
DC.a.D.
4. Restricted Delivery? (Extra Fee)
)l( Yes
Domestic Return Receipt
102S9S-01-M.1424
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 03-5226
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on
October 2,2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service ofthe complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
Date: /7-' h, /t!"4-
/ /
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 03-5226
SCOTT T. FOSTER
Defendant
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. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division ofpr perty,
lawyer's fees or expenses if! do not claim them before a divorce is gr ted.
3. I understand that I will not be divorced until a divorce decree is entere 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 unde tand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sectio
4904 relating to unsworn falsification to authorities.
Date: /2/// /':;4-
/ /
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEA OF
CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 03-5226
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code as
filed on October 2,2003.
2. The marriage of plaintiff and defendant is irretrievably broken and ni ety
(90) days have elapsed from the date of the filing and service of the m-
plaint.
3. I consent to the entry of a final decree of divorce after service of no tic of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I unde stand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sectio
4904 relating to unsworn falsification to authorities.
1;<-It.j-cJ~
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL ANIA
v.
NO. 03-5226
SCOTT T. FOSTER
Defendant
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. 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 pr perty,
lawyer's fees or expenses if! do not claim them before a divorce is gr ted.
3. I understand that I will not be divorced until a divorce decree is entere by
the Court and that a copy of the decree will be sent to me immediately after
it is filed with the prothonotary.
I verity that the statements made in this affidavit are true and correct. I unde tand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sectio
4904 relating to unsworn falsification to authorities.
/ .:?-/'l-t?t./
AMY YEAGER FOSTER
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYL NIA
v.
NO. 03-5226
SCOTT T. FOSTER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court fo entry
of a divorce decree:
1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) fthe
Divorce Code.
2. Date and manner of service of the Complaint: By certified mail, res cted
delivery, return receipt requested, to Defendant, Scott T. Foster, on 0 tober
14,2003, as evidenced by the attached Receipt for Certified Mail; wh ch is
being filed contemporaneously herewith.
3. Date of execution of the Affidavit of Consent required by Section 33 I(c)
of the Divorce Code: Amy Yeager Foster, Plaintiff, on December 21,2004,
by Scott T. Foster, Defendant, on December 14,2004; which are bein filed
contemporaneously herewith.
4. Related claims pending: The attached Marital Settlement Agreement s
incorporated but not merged to the Decree in Divorce.
5. Date and manner of service of the Notice ofIntention to file Praecipe 0
Transmit Record, or, date of execution of Waiver of Notice ofIntenti n to
Request Entry of Divorce Decree: by Amy Yeager Foster, Plaintiff, n
December 21,2004; by Scott T. Foster, Defendant, on December 14, 004;
which is being filed contemporaneously herewith.
Respectfully submitted,
d //
/ L//'
Dated: IJIJ.;>\()Lj
J. I Helvy, Esquire
Ki ian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney L D. #53148
Attorneys for Plaintiff
..
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+ " ;:- .,.. ..,
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+ '+ + :+ + 'f. '+' :+ '+ '+ :+ :+ ++
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IN THE COURT OF COMMON PLEA
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Amy Yeager Foster
No.
2003
Pl;J;nriff
VERSUS
Scott T. Foster
Defendant
DECREE IN
DIVORCE
AND NOW,
Y')I)t~ ~
.Y
, IT IS ORDERE
~..,
DECREED THAT
Amy Yeager Foster
. PLAI NTI FF
AND
Scott T. Foster
, DEFENDA
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHI
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER H
YET BEEN ENTERED;
~J ()V'.~
"'
J /
/ /
/
BY T~, ~ Fji: .,/
" . . v(.(/'
., - - .
"" .
ATTEST:
PROTHON
2
AND
T.
H HAVE
S NOT
TARY
,
'+' + + '+ + + :+:+ ++
J.
o/'Pp,;? ~~ ~ S'r;7-5'-1
~ ?? $ /f/:2rm' ~7 -,P?J 50.5"/
,