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: IN THE COURT OF COMMON PLEAS :
~ OF CUMBERLAND COUNTY ~
~ STATE OF * PENNA. ~
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. MARK E. FOSTER, i.1 ·
.'..... Plaintiff ,..,., ,'.... ;i I}
No, ...?,O.~,~..,..,..,.. ~,~,y.,~~", 1995
III '...... ......,... ...... ,. ...., ' "
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) ....C~~HERINE H. FOSTER':I I}
. Defendant iI ~
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. DECREE IN ~
. DIVORCE ~
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~ AND NOW. .., ,..J uJ1,~ ,2... , , ....' . ..., 19,'1, r:, It 15 ordered and ~
: decreed that......,.... ..~~~~..~: ,~?,~:~~..,............. , ..., plaintiff, @
~ and....,.... .... .. ...., ..~~:,~~~~~.~ ,~:..~~~:r,~~..,...... ..', defendant, ~
~ are divorced from the bonds of motrlmony. ....'
6, "
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. 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; ~
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MARK E. ~u:i'!_,
IN '!HE CDlRl' OF ~ PIEAS OF
aJMBERLl\ND cnJNTY, PmNSYLVlINIA
Plaintiff
v.
95- )O(P 3
CML 'mRM
CATHERINE H. FOS'lER,
Defendant
CIVIL ACl'IW-LAW
INDIValCE
tv!'ICE 'lU DEFE2ID AND ClAIM RIGIfl'S
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you IlI1st take ~"'II'L 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
judgnent may also be entered against you for eny other claim or relief
requested in these pllpers by the Plaintiff. You may lose rroney or ~~y or
other rights .iJtpJrtant 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 the
Cuntlerland County Court House, Carlisle, Pennsylvania.
IF lW 00 tv!' FIlE A CIAIM ~ ALIK:NY, Ml\RITAL l'IU'rXd', CXllNSEL
FEES OR EXPENSES BEFalE '1lIE FINAL IECREE OF DIValCE OR ANNtJI.H!m' IS GRAmED,
YOO MAY IDSE '11lE RIGIfl' 'lU CIAIM ANY OF '1lIEM.
lW SJDJID TJ\KE 'll!IS PAPER '10 mJR ATltllNEY AT <HE. IF lW 00
oor HAVE AN A'I'ltllNEY OR CJ\tWl' AFFOOD CM:, 00 'lU OR 'lEIEPIDlE '11lE OFFICE SET
FUR'll! BEllM 'lU FIND Cl1l' WHERE lW CAN GET ux;AL HELP.
Court J\dministrator
Cuntlerlend County Court House
Fourth Floor
Carlisle, PA 17013
Telephone: (717) 240-6200
.
MARK E. PUi"!_,
IN 'llIE CXXlRT OF ~ PrEAS OF
CUMBERLAND CXllNTY, PENSSYLVANIA
Plaintiff
v.
95-
CML 'JERM
CA'lliERINE H. ros'mR,
Defendant
CIVIL ACl'IOO-Ll\W
IN DIValCE
aH>IAINI' lJNIER SECTIOOS 3301/CI
AND 3301/0 I OF 'llIE DIValCE fTnI;!
1. Plaintiff is Hl\RK E. PUi"!_, an adult individual who currently
resides at 551 Ulxington Avenue, Mechanicsburg, CUJti:lerland County,
Pennsylvania.
2. Defendant is CA'llIY H. ros'mR, an adult individual who currently
resides at 906 Woodland Drive, LenDyne, CUJti:lerland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
CamlOnwealth of Pennsylvania for at least six J1Dnths inmediately previous to
the filing of this Catplaint.
4.' 'l11e Plaintiff and Defendant were married on May 16, 1992, in
CUn'iJerland County, Pennsylvania.
CXllNT I - DIValCE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4
as if each averment were set forth fully hereunder.
6. 'l11ere have been no prior actions of divorce or for annulment
between the parties as to their current marriage.
7. Neither plaintiff nor Defendant is in the Armed Forces of the United
States.
8. Plaintiff avers that the marriage between the parties is
irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and
that he IMY have the right to request that the court require the parties to
participate in counseling.
WHEREFCIlE, Plaintiff requests your Honorable COurt to enter a oecree in
Divorce.
CXlJm' II-REXXlEsr Ft:ft A FAllLT DIVaa: UNIER
SECl'IOO 3301/ A It 6 \ OF 'lllE OIVaa: rY'f'P.
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9
as if each avennent were set forth fully hereunder.
11. Plaintiff avers in the alternative that Defendant, in violation of
his nmriage vows and of the Laws of the Call1'l:mwealth of PennSylvania, has
offered such iniLgnities to the person of the plaintiff, her injured and
innocent spouse, as to render the condition of the plaintiff intolerable and
life b1rdensatte.
12. This action is not collusive.
WHEREFCIlE, Plaintiff requests your Honorable Court to enter a oecree in
Divorce.
CXlJNT III - DIVISIctI OF PROPER1'\'
13. Plaintiff hereby incorporates by reference paragraphs 1 through 12
8S if each paragraph were set forth fully hereunder.
14. The parties have acquired hane furnishings, IlPtor vehicles, bank
accounts, and miscellanecus ltEl11ll of personal property during their lMITiage.
15. The aforesaid itEl11ll are marital property and the Plaintiff requests
that they be equitably divided.
WIll!:REFmE, Plaintiff requests this Honorable Court to determine martial
property and to order an equitable distribution therecf.
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I verify that the stat8llllllts made in this'" ;l-'wot are true aM
......"ect. I ~ that false statSlllltlts herein are made subject to the
penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to
authorities.
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MARK E. l'U>'11!i1\
Date:
/'2.,8- QS'
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-7063 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARK E. FOSTER
Plaintif f
CATHERINE H. FOSTER,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(cl OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(C) of the
Divorce Code was filed on December 11, 1995.
2. Defendant acknowledges that a copy of the Complaint was
served on December 12, 1995.
3. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed, both from the date of
the filing of the Complaint, and from the service of the
Complaint.
4. I consent to the entry of a final Decree of Divorce
without notice.
5. 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.
6, 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.
MARIt B. FOSTBR,
IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
No. 95-7063 CIVIL TBRM
CIVIL ACTION - LAW
IN DIVORCB
plaintiff
VS.
CATHBRINB H. FOSTBR,
Defendant
AN9WRR AND cOtmTRRCLAIM
AND NOW, comes Catherine H. Foster, Defendant in the within
action, by her attorney, Carl G. Wass, Bsquire, Caldwell &
Iteams, P.C., and files the following with regard to the
Complaint filed in the within case.
ANSWER
cn~T~TNT UNDER 1]]01(C\ And 13]01(D1 OF THE DIVORCE CODa
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
COUNT I - DIVORCE
5. The admissions set forth in response to paragraphs 1
through 4 are incorporated herein by reference.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted. It is averred also that the Defendant has
been advised of the availability of counseling and that she may
have the right to request that the court require the parties to
participate in counseling.
WHBRBFORB, Defendant requests Your Honorable Court to enter
a Decree in Divorce.
COUNT II - RBQUBST FOR A FAULT DIVORCB UNDBR
~33011Al 161 OF THE DIVORCE CODE
10. Defendant incorporates by reference the answers set
forth in paragraph 1 through 9 as if each answer were set forth
fully hereunder.
11. Denied. It is denied that the Defendant has engaged in
any conduct which would constitute the grounds for divorce known
as indignities under the Pennsylvania Divorce Code. Throughout
the marriage of the parties, Defendant has, at all times,
endeavored to conduct herself in a manner consistent with her
marriage vows and in conformity with the duties, responsibilities
and expecta~ions of a loving and caring wife and mother. On the
other hand, Defendant avers that Plaintiff is not an innocent and
injured spouse for the reason that the Plaintiff, throughout the
marriage, regularly engaged in conduct which was demeaning of the
Defendant and was designed to provoke the Defendant into engaging
in anti-social conduct.
2
12. Admitted.
WHERBFORB, Defendant requests Your Honorable Court to enter
an Order dismissing the Count for Divorce under S3301(A) (6) of
the Divorce Code.
COlnw rII - DIVISION OF PROPRRTY
13. Defendant incorporates by reference the answers
heretofore set forth in paragraphs 1 through 12 as if fully set
forth hereunder.
14. Admitted. By way of further answer, the Defendant
avers that the parties have also, during their marriage, acquired
or incurred substantial indebtedness, which indebtedness serves
to diminish the value of the property which the parties acquired
during their marriage.
15. Admitted. By way of further answer, the Defendant
avers that the substantial indebtedness of the parties, acquired
or incurred during their marriage, be viewed also in terms of
ascertaining the value of the property of the parties and in
determining the manner in which equitable division is to occur.
WHEREFqRB, Defendant requests this Honorable Court to
determine not only marital property, but also marital
indebtedness and, after considering both, to order an equitable
distribution be made to and between the parties.
3
COUNT IV - PAYMRNT OF FRRS
16. Defendant incorporates by reference the answers
heretofore set forth in paragraphs 1 through 15 as if fully set
forth hereunder.
17. No answer required since the language is not an
averment of 'fact but is a request. In any event, if such is
deemed to be an averment of fact, the facts and inferences
derived therefrom are specifically denied.
WHBRBFORB, Defendant prays this Honorable Court deny the
request of Plaintiff for preliminary and interim counsel fees,
costs and expenses.
COUNTRRCJ~TM
AND NOW, comes the Defendant and files the following
Counterclaim against the Plaintiff in the within action:
COUNSEL FEES. COSTS AND EXPRNSES
18. Defendant incorporates herein, as if fully set forth
herein, all admitted averments of fact heretofore made in her
Answer to the Complaint of Plaintiff, as set forth in the
preceding 17 paragraphs.
19. Prior to the marriage of the parties, the Plaintiff had
filed a petition in bankruptcy and had been discharged from his
4
debt8; and, as a re8ult thereof, Plaintiff was unable, both prior
to and during the marriage of the parties, to engage in any
credit transaction8.
20. By reason of the poor credit standing of the Plaintiff,
and during and throughout the marriage of the parties, such terms
of credit as were extended to the parties was extended not to
them as a marital unit, but to the Defendant. ,.
21. By reason of the poor credit standing of Plaintiff and
the good credit standing of Defendant, it was Defendant who
secured and contracted credit arrangements with various
merchants, credit card companies, and other persons and companies
who, from time to time, engage in credit transactions.
22. A~ the time of the separation of the parties, which
occur~ed on or about November 13, 1995, there was substantial
credit indebtedness of the parties which was marital, and which
was carried solely in the name of the Defendant, and as to which
the Defendant was, is, and remains obligated. Such credit
indebtedne~s, all of which was incurred for marital purposes,
exceeds the ,sum of $9,100, and is owed to the following
creditors: Pennsylvania Power & Light Company, Chevy Chase
MasterCard, Discover Card, Associates VISA, Sears Robuck & Co.
and Sammons Communications.
23. In addition to the foregoing marital indebtedness for
which the sole credit of Defendant is pledged, there does exist a
5
joint marital indebtedness of the parties to the Internal Revenue
service for unpaid taxes, penalties and interest for the
calendar/tax year 1992 in a sum which presently exceeds $1,200.
24. Defendant is the primary custodial parent of the pre-
school child of the parties, Mark W. Foster, born May 1, 1993,
and, because of her custodial responsibilities is limited in her
capability of securing full-time and long-term employment.
25. Prior to the separation of the parties, the Defendant
was employed on a part-time basis, and was primarily dependent
upon the Plaintiff for her sustenance and for providing her with
the necessities of life.
26. Defendant was laid off from her part-time employment on
or about December 21, 1995, and has been unable to secure either
full-time or part-time employment to the present time.
27. Defendant and the minor child of the parties are, at
the present time, residing in the home of Defendant's parents and
are, at the present time, entirely dependent upon the financial
resources of said parents of Defendant for the purpose of
providing the necessities of life to Defendant and the minor
child of th~ parties.
28. Plaintiff is and has been well and gainfully employed
in a permanent employment position since on or prior to
September, 1995, and is well able to pay the reasonable counsel
fees, costs and expenses incurred by the Defendant, incurred by
6
"'. i'::'~" ': :
VRRIFlCATION
I, CATHBRINE H. FOSTER, verify that the averments made in this
Answer and Counterclaim are true and correct. I understand that
fal.e .tatements herein are made subject to the penalties of 18 Pa.
C.S. 4904, relating to unsworn falsification to authorities.
Date:
1- 31- q"
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Catherine H. Poster
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-7063 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MARK E. FOSTER,
Plaintiff
CATHERINE H. FOSTER,
Defendant
.LAIITUr I. al'rIDAVI'1' or CO..IIT UD WAIVliR or .00001CI or
1ITII'l'I0I '1'0 UQUlI'1' II'IIR DIVOIlCI DKCUK
VIOl. .KC~IO. 3301(C) or '1'IK DIVO.CK CODK
1. A complaint in divorce under Section 3301(C) of the
Divorce Code was filed on December 11, 1995.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce
without notice.
4. 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.
5. 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 eent to me immediately after it is filed with the
Prothonotary.
6. I have been advised of the availability of marriage
counseling and understand that I may request that the court
require counseling. I do not request that the court require
counseling.
I verify that the statements made in this affidavit are true
and correct. I understand that falee statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
S'./j.r8
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, MARK E. FOSTER
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-7063 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARK E. FOSTER
plaintiff
CATHERINE H. FOSTER,
Defendant
PRJUI!CIPB
TO THE PROTHONOTARY:
Please withdraw the Counterclaim filed in the within divorce
action, and also withdraw the Answers to Count II, Count III and
Count IV.
Date: ~...~'~ ,\1:\1:\9:"
CALDWELL & KEARNS
By -ll... .S) ~ ~ ...u
Carl G. wass,- qu re
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
1.0. 1107268
Attorney for Defendant
100643-1
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