HomeMy WebLinkAbout97-01796
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
PENNA,
MAl DANG
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179.6 P'PPPPPP It) 97
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DECREE IN
DIVORCE
AND NOW, ' .. ., ,. ....4'7"t~..... , . .<(.~ " 19, r.1:.., it is ordered and
decreed that .. .MAI, .D.A~C! , . , , . . , . . . , . . . , . , , . , , , . , . . , , . , . . . . . , . " plaintiff,
and,.,.."..,. ,1'Ql;l.pLW, ...,.,....".",.....,..,."....,..', 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 for which a final order has not yet
been entered;
. ,\'0\,1;:,. .TUE.l:WUTAL. SETTLEMENT. AGREEHENT. DATED. JULY, 30..1997., IS,..."...,
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1. ADVICE OF COUNSEL
Both parties acknowledge that they have been afforded the opportunity
to consult with an attorney of their choice prior to signing this Agreement, WIFE is
represented by Debra Denison Cantor, Esquire. HUSBAND is unrepresented.
HUSBAND is cognizant of his right to legal representation and declares that it is his
express voluntary and knowing intention not to avail himself of his right to counsel and
chooses instead to represent himself with respect to the preparation and execution of
this Agreement.
The parties further declare that each is executing the Agreement freely
and voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations 01', if counsel has not been consulted, expressly
waiving the right to obtain such knowledge, The parties each acknowledge that this
Agreement is fair and equitable and is not the result of any fraud, coercion, duress,
undue influence or collusion.
2, SUBSEQUENT DIVORCE
An action seeking the dissolution of the marriage is pending in the
Cumberland County Court of Common Pleas and bears docket number 97-1796 Civil.
The parties hereby agree to execute Affidavits of Consent for divorce and Waivers of
Notice of Intention to Request Entry of a Divorce Decree concurrently with the
execution of this Agreement or after the 90th day following service of the divorce
complaint. This Agreement is to be incorporated, but not merged with the divorce
decree.
Page 2 of 10
.
3. SEPARATION AND NONINTERFERENCE
It will be lawful for each party at all times hereafter to live separate and
apart from the other party at such place or places as he or she may from time to time
choose or deem fit.
Each party shall be free from interference, authority and control, direct
or indirect, by the other, as fully as ifhe or she were single and unmarried. Neither
shall bother the other or compel 01' endeavor to compel the other to cohabit or dwell
with him or her,
4. EFFECTIVE DATE
This Agreement shall be effective on the date above first written if both
parties sign on the same date; otherwise, it shall become effective upon the signing by
the last party to do so.
5. WARRANTY OF DISCLOSURE
Each party represents that he or she has disclosed to the other party all
marital and non-marital assets, as defined by the Pennsylvania Divorce Code. Each
relies on the disclosures of the other party in entering into this Agreement.
G. PERSONAL PROPERTY
WIFE and HUSBAND have previously agreed to the distribution of all
items of personal property. WIFE agrees that all such property in the possession of
HUSBAND shall be the sole and separate property of HUSBAND. HUSBAND agrees
Page 3 of 10
that all such property in possession of WIFE shall be the sole and separate property
of WIFE. Each of the parties does hereby specifically waive, release and renounce any
further claims with respect to said items.
7. VEHICLES
HUSBAND agrees that WIFE shall retain possession of and receive as her
sole and separate property the Toyota Corolla. WIFE shall assume responsibility for
payment of any outstanding indebtedness pertaining thereto and insurance thereon,
WIFE shall indemnify and hold HUSBAND and his property harmless from any
liability, costs, or expense, including attorney's fees incurred in connection with said
vehicle.
WIFE agrees that HUSBAND shall retain possession of and receive as his
sole and separate property the Toyota Celica. HUSBAND shall assume responsibility
for payment of any outstanding indebtedness pertaining thereto and insurance
thereon. HUSBAND shall indemnify and hold WIFE and her property harmless from
any liability, costs, or expense, including attorney's fees incurred in connection with
said vehicle.
8. REAL PROPERTY
The property located at 6348 Bennington Road, Mechanicsburg,
Pennsylvania, was purchased plior to marliage by WIFE. WIFE is solely obligated
on the mortgage. HUSBAND hereby waives any light, entitlement 01' interest he may
have to the marital home. The parties agree to execute any documents necessary to
Page 4 of 10
effectuate this provision. WIFE agrees to pay HUSBAND the sum of Three Thousand
and 001100 Dollars ($3,000,00) for his contributions to the l'eal property within thirty
(30) days of the entry of the diVOl'ce decree.
9. PENSION AND RETIREMENT FUNDS
HUSBAND and WIFE recognize that the marital property includes
WIFE's pension plan with PSERS, FERS and an IRA with PSECU. The marital
property also includes HUSBAND's retirement plan with Armstrong Industry, IBM
Stock and an IRA account.
HUSBAND and WIFE acknowledge that they have been informed of their right
to obtain an independent appraisal of each other's pension account and retirement plan
and hereby waive such right. HUSBAND agrees to waive any and all interest he may
have in WIFE's pensions and IRA. WIFE agrees to waive any and all interest she may
have in HUSBAND's retirement plan, IRA and stock.
10. CHILD CUSTODY
HUSBAND and WIFE shall share legal custody of Laura Ly Chau.
Primary physical custody shall be with WIFE, Partial periods custody shall be
granted to HUSBAND as follows:
A. Every other weekend fl'om Friday at 5:30 p,m, to Sunday at 6:00
p.m.
Page 5 of 10
B. '!\vo evenings a week from 5:30 p,m, until 9:30 p,m. until the child
starts school. After that, the visitation will be one evening a week
from 5:30 p,m, until 9:30 p,m.
C. Holidays: the parties shall alternate holidays including Easter,
Thanksgiving, Labor Day, Memorial Day and Fourth of July from
9:00 a,m, to 7:00 p.m,
D. Christmas shall be broken into two segments. Segment A shall be
from December 24 at 12:00 p.m. until December 25 at 10:00 a,m,
Segment B shall be from December 25 at 10:00 a.m. until
December 25th at 6:00 p,m, In e\'en numbered years, WIFE shall
have segment A and HUSBAl'-JD shall have segment B. In odd
numbered years, HUSBAND shall have segment A and WIFE shall
have segment B.
E. All holiday visitation supersedes the regular visitation schedule,
F. Transportation \vill be shared by the parties.
11. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND ALIMONY
HUSBAND and WIFE do hereby waive, release, discharge and give up
any rights which either may have against the other to receive spousal support alimony
or other post divorce maintenance or support including Alimony Pendent Lite. From
the execution date of this Agreement, it shall be the sole responsibility of each party
to sustain himself or herself without seeking any support from the other.
Page 6 of 10
12, ATTORNEY FEES, COURT COSTS
HUSBAND hereby ag'l'ees to be liable for one-half (Y.) of WIFE's costs and
attorneys fees. Such payment shall be due thirty (30) days after the presentation of the
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final invoice,
13. MUTUAL RELEASE
WIFE and HUSBAND do hereby release each other from any other claims
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with respect to the marital and non-marital assets of the parties. Additionally, each
party hereby releases any interest that he or she may have in the estate of the other.
14. MUTUAL COOPERATION
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WIFE and HUSBAND shall mutually cooperate with each other in order
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to carry through the terms of this Agreement, including but not limited to, the signing
of documents.
15, BREACH OF AGREEMENT
WIFE and HUSBAND hereby agree that if either party breaches any of
the terms of this Agreement and a claim or further legal action is required, the
breaching party shall reimburse the other all legal fees and costs incurred as a result
of said breach or claim.
Page 7 of 10
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals ofthe day first above written,
This Agreement is executed in duplicate, and in counterparts. WIFE and
HUSBAND acknowledge the receipt of a duly executed copy hereof.
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Mai Dang
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WI ess
COMMONWEALTH OF
:SS,
COUNTY OF
On the 1fLaay of .(L , 1997, before me, a Notary Public in and for
the Commonwealth of Penn sylvan ,the undersigned officer, personally appeared MAl
DANG known to me (or satisfactorily proven) to be one of the parties executing the
foregoing instrument, and she acknowledges the foregoing instrument to be her free
act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written,
Strl'v'Lod~
Notal'. ublic
My Commission Expires:
Nc",r,al Seal
Jeanne Soars, Nolary publie
LeVier Allan Twp., Cumberland Counly
1"1 Commission E'p;res March 20, 2000
Page 9 of 10
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MAl DANG,
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TON CHAU,
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: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-1796
CIVIL ACTION - LAW
Defendant DIVORCE
PRAECIPE TO TRANSMIT RECORD
Plaintiff
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of an
appropriate divorce decree:
1, Ground for divorce: Irretrievable breakdown under !i 3301 (c) of the Divorce Code.
2, Date and manner of service of complaint: The Comfllalnt was filed on April 7, 1997;
and was served on Defendant at 5 Woodland Road, Reading, PA 19610, on May f, 1997. An
a.:cetpance of service was signed by Defendant and filed witli the court on May 8, 1997.
3. (Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required bY!i 3301 (c) of the Divorce
Code: by Plaintiff August 8, 1997; by Defendant August 8, '1997;
(b)(1) Dal~H)(86UtiefHlf-lAe-aflklaviHequireG-by S 3301(d) of tRe Di_
Gode: .
(2) Date of ming aAd-service of tRe-Plaimiff's affidavit \:IpOA tRe
respondeRt:
4. Related claims pending: There are no economic claims pending as the
distribution of all personal and real property has been settled by agreement of the parties,
5, (Complete either (a) or (b).)
(a) Dale and maAfl8f-8f..service of tJ:ie-ReliGe-ef..ifl\ef\tion to liIe Ilraecille te truA5Ali1
record, a COllY o~ich is attached: .
(b) Date Plaintiff's Waiver of Notice in !i 3301 (c) Divorce was filed with the
Prothonotary: August 28,1997.
Date Defendant's Waiver of Notice in !i 3301(c) Divorce was filed with the
Prothonotary: August 28,1997.
Respectfully Submitted,
REAGER & ADLER, PC
By: ( . (,\ , (l- {t,v'"
~~RA DENISON cANTOR, ESQUIRE
Attorney I,D. No. 66378
Date: August 28, 1997
2331 Market Street
Camp Hill, PA 17011..4642
Telephone No. [717] 763-1383
Allorneys for Plainlirf
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Aprll7, 1997
MAl DANG,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 91, /"19(.. t]1'L.JI'( '-RR."1
CIVIL ACTION - LAW
DIVORCE
PlaintitT
v.
TON CHAU,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTION 3301(0 OR (D\ OF THE DIVORCE CODE
I. PlaintitTis Mai Dang who currently resides at 6348 Bennington Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. Defendant is Ton Chau who currently resides at 5 Woodland Road, Reading, Berks
County, Pennsylvania, 19610,
3. PlaintitTand Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint,
4. The PlaintitT and Defendant were married on September 3, 1994 in Dauphin County,
Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties.
6, Neither PlaintitTnor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and
its amendments,
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MAl DANG,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 97-1796
TON CHAU,
CIVIL ACTION - LAW
Defendant
DIVORCE
ACCEPTANCE OF SERVICE
I, TON CHAU, Defendant, hereby accept service of the Complaint in Divorce.
Date:
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MAl DANG.
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-1796
CIVIL ACTION - LAW
DIVORCE
PlaintiO'
v,
TON CHAU,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 330HC\ 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 I 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 10 me immediately after it is filed with the Prothonotary.
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,
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Mai Dang
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Dcfcndant
: IN THE COURT OF COMMON PLEAS
:CUM13ERLAND COUNTY, PENNSYL VANIA
NO. 97-1796
CIVIL ACTION - LAW
DIVORCE
MAl DANG,
Plaintil1'
v.
TON CHAU,
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 330llCl OF TilE DIVORCE CODE
I, I conscnt to thc cntry of a final dccrcc of divorcc without noticc,
2, I undcrstand that I may losc rights conccming alimony, division of propcrty, lawyer's fees
or expenscs if I do not claim thcm bcforc a divorcc is grantcd.
3, I undcrstand that I will not bc divorccd until a divorcc dccree is entered by the Court and
that a copy of the decrec will bc scnt to mc immcdiately after it is filcd with thc Prothonotary,
I verify that thc statemcnts made in this allidavit arc truc and correct. I undcrstand that falsc
statements hercin arc madc subject to thc pcnaltics of 18 Pa.C.S, !l4904 relating to unsworn falsification
to authorities.
Dated:
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