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HomeMy WebLinkAbout05-1019 CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. D~ - /Dl'l C!/C;;J '!-0'U-vJ v. JEAN L. FOSTER, Defendant : CIVIL ACTION - LAW : 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMO~Y, 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013-3308 (717) 249-3166 CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. JEAN L. FOSTER, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Cham A. Foster, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following: I. The Plaintiff, Cham A. Foster, is an adult individual whose permanent residence is located at 441 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Jean L. Foster, is an adult individual who currently resides in Okinawa, Japan. 3. Although Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint, his current address is 3D FSSG H&S BN HQSVC CO, KGAS UNIT 38404, FPO, AP 96604-8404, which is his U.S. Navy address. 4. The Plaintiff and the Defendant were married on September 22, 1997, in Orani, Bataan, Philippines. Count I - No-Fault Divorce 5. Paragraph 1 through 4 are incorporated herein as though fully set forth. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff is active in the United States Navy and is currently stationed in Okinawa, Japan. The Defendant is not 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. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There is one dependent child from this marriage, namely John Christopher Foster, bomMarch 15, 1999. II. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. Dated:~(J5- RESPECTFULLY SUBMITTED: JeLopouloS, E:::- 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. JEAN L. FOSTER, Defendant : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, Cham A. Foster, hereby verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. I understand I that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Signature: Date: d- ~5-;J005 (J -<q, 9 t - 7l -0 \) - ~ ~ t Pv r".) " " ...... f' ~ "- .~ .t: 6"- -'-"..' -. 'J l c:,:; ., 'Ii': C) - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CHAM A. FOSTER, v. : No. 05-1019 Defendant : CIVIL ACTION - LAW : DIVORCE JEAN L. FOSTER, PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 28, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: 2k eJU/"05 ::,} "" ;:::;; 0 CJ> "l1 ~ c~:: i..i".J I W (':) 0-'" - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CHAM A. FOSTER, v. : No. 05-1019 Defendant : CIVIL ACTION - LAW : DIVORCE JEAN L. FOSTER, PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I 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. 4. 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. 94904 relating to unsworn falsification to authorities. Signature: Cham A. oster Dated: 1...Ci? J V\.. 0 S ,-, ~:?;; "-'"' r:; ~ ~' \ Co) () -\'I 7...,.. fi:\r:: ~~\:? " " " -. ':""7~::. ";='~;~( C') C), ~"'1 ~- - CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1019 JEAN L. FOSTER, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE The undersigned hereby verifies and states that on the dau~ and time indicated below I personally hand-delivered upon the person whom I know to be Jean L. Foster, Defendant above, true and correct copies of the following documents, copies ofwhkh are attached hereto: I) Complaint in Divorce filed on February 28, 2005. 2) Letter from Jeanne B. CostopouIos, Esquire, dated March 10,2005. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. By: ~'-~4?'~.j;~ c::::::sr; ~/ Name: L~ ..--.-;;.....".,.---....,.,p~/ e;~"AC-~) (Print name) Address: 30 -,",Csc~ K6;: kr U/C'IT :389n1' F,r"O A,P QC;C;d'4-80/dQ Date: 13~(!f5 Time: 2006 () -r; ~F ~2!.I1 Zt:: ~~~t ~c-' ~"'- ---, ~~"~., Pc ~ '" ~~ "'" = = "" >- -0 :::0 N -.J lfl ~:Il ~.~ :-;ji"j ...._..,., 0(') 7m ~ "" ~ -n ::Jl: ~ o N 1J CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1019 JEAN L. FOSTER, Defendant : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 28, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: {l/:J'-f'e,J! 'Q" ~ (') ,...., 0 = c = .." <= "n ...,-...-,-;:,-: (/) ~.." , , .~ CD(' f"1 -0 m- "'~- .-' -oF;; 7:<c N (/1.r :06 0:;> ~c --:I -0 g~ ',/0 ~ :J: j;~.~~ Z ~ ::;J (~ :1J -< CHAM A. FOSTER, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; No. 05-1019 JEAN L. FOSTER, Defendant : CNIL ACTION - LAW : DNORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I 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. 4. 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. S4904 relating to Dated; tI!> -{ (.pI . <<5 unsworn falsification to authorities. S_= iJ'i-od~ ~ster 3:if';' ~;C- ~.~ z :J (') S:;, ....., = = <;.n (/) ,." -0 N ~ ~:n ..,.,Fn :o~ o :~ i ~:n S.""O "'--rn Q ;E:: ~ -0 ::J: - .. w CHAM A. FOSTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1019 JEAN L. FOSTER, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under 93301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Personally served by competent adult on April 13, 2005. Affidavit of service filed April 27, 2005. 3. Date of execution of the Affidavit of Consent required by 93301(c) of the Divorce Code: July 26, 2005; by the Defendant: September 5, 2005. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301(c) divorce was filed with the prothonotary: August 3, 2005. Date Defendant's Waiver of Notice in ~3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Respectfully Submitted: Dated: rjg/os ~ ---. -1eanne B. Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202 Mecharricsburg,PA 17055 Phone: (717) 790-9546 P A S.Ct. ID No. 68735 (') ~~ ....(-'if,1 lJ;;(: ..-~: ;:'. (/:! ~~.. >c: Z ~ ~ '''' c.M <.I> rl1 -U N ~ -4 :r:;.." rnr;; ='51:' "i~~C). ~~:B -0 "'"_ Q 3 /-f.. 9. :li:i c..> :..c: . .. . . . . . . ~~ ~ ~~~~ ~~~ ~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~+++~ . + + + . + + . . . . . . . . + . . + . + IN THE COURT OF COMMON PLEAS STATE OF . . + . . . . . . . CHAM A. FOSTER, . Plaintiff . JEAN L. VERSUS FOSTER, . Defendant . . . . . . . . . . . . . . . . . AND NOW, . DECREED THAT . . . . . . JEAN L. FOSTER AND OF CUMBERLAND COUNTY PEN NA. 05-1019 No. DECREE IN + + + . . + + + + + + + + + + + + + . + + + + + + . + + + + + + . + + + + . + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + :+; + +. 'f +' 'f '+' +. +. +. + +. + ++. DIVORCE S~\Ofl......~/r z.~ 1-"O!;, IT IS ORDERED AND CHAM A. FOSTER , PLAINTIFF, , 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 YET BEEN ENTERED; None raised. FOR WH ICH A FI NAL ORDER HAS NOT . + . . . . . . . . . . . . . . . . . . . . . + . . . . . '. . . By THE COURT: PROTHONOTARY . .. +++:1;+.+++++ + :f.;+;:+:., +:+:+ ++'+:+:+.'1' J. ~ m-~ ;>nd . ~ /odr;J'0! 5lnet ~~-? - . . . . ..,. .( :.:. . . "" . . .' .), '"