HomeMy WebLinkAbout97-05920
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The court retains I'urisdic'ion of the following claims which hove "
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been raised of record in this action for which 0 final order has not yet .
been entered; l~
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The.terma.of .the.marltal.aettlemeQt,a&reeme~t.'I&~e~.~Y.~he.par~~eB.are. ~~~orporat .
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THE COURT OF COMMON
PLEAS
IN
COUNTY
OF CUMBERLAND
STATE OF ~~t
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PENNA.
MONICA E. PENG
i': 11,5920 ,Cl\lllppppp Ilj7
\'t'I':;lIS
WILLIAM C. PENG
DECREE IN
DIVORCE
fVI~ >
AN D NOW, " . " " . . " . . . . .. . , .. . . , ,
, , " 19 .~. 8:':, it is ordered and
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decreed that..,.. ..lIoo1ca,t:.,l'el1i,...,.......,.............". plaintiff,
and. . . . . . . . . . . . . . , , ,W.ll,lIa,m C... .P,e.n,8 . . , . . . . . . . . . . . . . . . . . .. . . ., defendant,
are divorced from the bonds of matrimony.
sectlon 3105.
lIy
AlI..I:
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Prothonotary
J.
.3 01); {:d (~I1I114;Jltft tilj ~
3'Y'~ 'J1~~ /11<1.#/ Z dfI"
MONICA E. PENG,
PlaintilT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
CIVIL ACTION - LA W
WILLIAM C. PENG,
Defendant.
No. 5920 Civil 1997
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transmit the record. together with the following information. to the court for entry
of u divorce decree:
I. Ground for Divorce: Irretrievable breakdown under ~ 3301 (c) of the Divorce
Code.
2. Date and manner of service of complaint; October 30, 1997 via U.S. Mail,
certified, postage prepaid, delivery restricted to addressee, return receipt requested,
3. Date of execution of affidavit of consent required by ~ 3301 (c) of the DivOlce
Code: by Plaintiff on February 6, 1998; by Defendant on February 8, 1998,
4. Related claims pending: none.
5. Dale of execution of Waiver of Notice oflntent to Request Entry ofa Divorce
Dccree under ~ 3301 (c) of the Divorce Code: by Plaintiff on February 6, 1998; by Defendant on
February 8. 1998.
II
II
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4t.1D~Quer~ A_
Meliss.! Peel (jr.:evy, ~~)
1.0, No. 77950
214 Senote Avcnue Suite 602
Cwnp Hill, PA 17011-2336
(717) 763-8995
Counsel for the 1>laintiff
'\ 10-?8
Date: "" /
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:\IONICA E. l'ENC;.
PI<lintill:
IN TIlE COURT OF COMMON PL.EAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v,
WILLIAM C. PENG,
Defend<lnt.
CIVIL ACTION - L.A W
No. Civil 1997 - !.f1) () dA.L~~
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend againstthc claims set forth in thc
foregoing pagcs, you must takc prompt action. You arc warncd that if you tail to do so, thc case
Ill<lY procced without you and a dccrce in divorcc or annulment may be entered against you by thc
court. Ajudgmcnt may also bc entered ag<linst you for any othcr claim or reliefrequcsted in
these papers by the plaintill'. You may lose money or othcr property or other rights important to
you, including custody or visitation of your children.
Whcn the ground for thc divorce is indignities or irrctriev<lblc brc<lkdown of the marriage,
you may request marriagc counseling. A list of marriagc counselors is aV<lilable in thc Olliec of
the Prothonot<lry at:
Oflicc of the Prothonot<lry
Cumberland County Court House
C<lrlislc, Pcnnsylvani<l 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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 IIA VE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPl-IONE Tl-IE
OFFICE SET FORTII BELOW TO FIND OUT \VIIERE YOU CAN GET LEGAL HELP.
Court Administrator. Fourth Floor
Cumbcrland County Court House
Carlislc, Pcnnsylvania 17013
Tclephone: (717) 240-6200
MONICA E. PENG,
Plaintift~
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v,
CIVIL ACTION. LA W
WILLIAM C. PENG,
Defcndant.
No. Civil 1997 . r.:;fi;UJ. c..r
IN DIVORCE
NOTICE OF A V AILABII.ITY OF COUNSEI.ING
TO THE WITHIN-NAMED DEFENDANT:
You have becn named as the Defcndant in a Complaint in a divorce proceeding filed in
thc Court of Common Pleas ofCumbcrland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Codc. you may request that the court require you
and your spouse to attend marriage counscling prior to a divorce being handed down by the court,
A list of professional marriagc counselors is available at the Domcstic Relations Office, ] 3 North
lIanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
YOll and YOll are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you dcsirc to pursue counseling, you must makc your rtquest for counscling within
twcnty days of the date on which you receive this notice, Failurc to do so will constitute a waiver
of your right to request counseling.
.
MONICA E. PENG.
Plninliff.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
v.
WILLIAM C. PENG.
Defcndant.
CIVIL ACTION - LA W
No. Civil 1997 . 'I', ':J"<}.2t> (:~<.;J T,-,.-
IN DIVORCE
COMPLAINT IN DIVORCE UNDER g 3301 (c) or g 3301(d) OF THE IlIVORCE CODE
Plnintitl: by and through her nttorney, Melissa Pecl Greevy, respectfully represents:
I. Plaintitl'is Monica E. Pcng, who currcntly rcsidcs nt 61] Wnlton Street,
Lcmoync. Cumbcrlnnd County, Pcnnsylvnnin. since Mny 1995.
2. Defcndnnl is Willinm C. Pcng. who currently rcsidcs nt 1827 Anna Strcet, Ncw
Cumberlnnd, Cumbcrland County, Pennsylvnnin. since Scptcmbcr 7, 1997,
3. Plaintiff and Dcfcndnnt have both becn bonn fidc rcsidcnts ofthc Commonwealth
of Pcnnsylvnnin for n pcriod ofmorc than six months immcdintely preceding the filing of this
complaint.
4. Thc partics wcre marricd on Junc 17. 1995 in New Cumberland, Cumberland
County, Pcnnsylvania.
5. Plaintitl' and Defendant arc thc parcnts of onc daughtcr, Amanda Nicole Peng,
born Novcmbcr 4. 1996.
6. Neithcr PlnintifT nor Defendnnt is in thc military or nnval service of the United
Slatcs or its allies within thc provisions of the Soldicrs' and Sailors' Civil Relief Act of the
Congrcss of 1940 and its nmendments.
7. Thcrc have bccn no prior actions of divorce or annulmcnt bctwccn thc partics.
H. Thc marriagc is irrctricvably broken.
9. Plaintiff has bcen adviscd that counscling is availablc and thc Plaintiff may have
lhc right to rcquest the court require thc partics to partidpatc in counseling.
10. PlaintilT requests thc court to enter a dccrcc of divorcc.
11. The parties have entercd into a written agrecmcnt with regard to support, custody,
visitation of the minor child. and property division.
12, Thc cxecuted agrecmcnt is IIttached hercto IInd shall be incorporated by the Court
into the Iinal Decrec of Divorce and shall bc cnforcellb1c liS an order of the court as provided in
23 Pa. C.S. ~ 3105,
WHEREFORE, Plaintiffrcquests your Honorable Court to enter a Decree in Divorce.
divorcing PlaintilT and Defendant.
COUNT II
EOlJlT ABLE DISTRIBUTION
13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as
though set forth at length.
14. Plaintiff and Defendant have acquircd propcrty, both real and personal, during
thcir marriagc. from Junc 7, 1995 until Scptember 7, 1997. thc datc of thdr separation.
15. Plaintiff and Defendant have reached a writtcn agreement as to an equitable
division of said property.
WHEREFORE. PlaintilTrequests your Honorable Court to equitably divide all marital
property.
COUNT III
CUSTODY
16. Pllragruphs 1 through 14 of this Compluint urc incllrporatcd by rcfcrcnce as ifsct
I(lnh at Icngth.
17. Plaintill' has primury physiclll custody of the minor child bom of this marriuge,
Amanda Nicolc Pcng, born November 4. 1996. Said minor child resides with Plaintiff at 611
Walton Strcct . Lemoyne, Cumberland County, Pennsylvania.
18. No other persons live with Pluintiff und her duughter.
19. Plaintiff has no information of any custody proceeding conceming the minor child
pending in this or any other Slate.
20. Plaintitl'has not participated as a party or witness. or in any othcr capacity, in
othcr litigation conceming the custody of the minor child in this or any other court.
21. The minor child was not born out of wedlock.
22. The best interests and permanent welfare of the child will be served by granting
the relid requested because:
a. Plaintiff is and has always been the primary care giver for the minor child;
b, A consistent, familiar, stablc homc environment should be maintaincd so
that the minor child's lite is disruptcd as little as possiblc;
c. Plaintiff has employment that allows her to be home full time with the
minor child during the day;
23. Each parent, whose parental rights to this ehild have not been terminated, and the
rar~nt who has physical cLlstody of th~ child has b~~nnam~d as parties to this action. No oth~r
r~rsons ar~ known to huve or c1uim u right to custody or visitation of the child.
WHEREFORE, pursuant tothc Custody Act, 23 Pa. C.S. ~ 530 1.l:1lila1., Plaintiff
requests thc court to confirm primary physical custody in Plaintiff and joint legal custody of the
child to Dc1endant according to the tenns of the attuched Murital Scttlement Agreement.
COllNT IV
CHILD SUPPORT
24. Paragraphs I through 23 of this Complaint ar~ incorporated by rcference as if set
forth at length.
25, PlaintilTand Defcndant are the parcnts ofa daughtcr, Amanda Nicole Peng. Age
II months, bom November 4, 1996,
26. Support is sought for Amanda Nicole Peng. who rcsidcs with Plaintitl:
27. PlaintifT is not un Public Assistance.
28. Defcndant carns in exccss of $40,000.00, gross. pcr year,
29. Defendant has agrccd to pay $338.00 per month for support lor said child and
said paymcnts have becn wage attuched through ordcr of thc Domestic Relations Office at
Docket Number 957-S-97, Paper tile numbcr DR 27002.
WHEREFORE. Plaintiff rcquests an award of rcasonublc and adequate support for the
child of the parties,
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I \wil'y tlmtthc statemcnts made in this Complall1t an: truc and correct. I undcrstand thill
falsc statcments hcrein arc madc subjcct to the pcnalties of 18 I'a. Cons. Stat. ~ 4904. relating to
unS\\lIrn falsification to authorities,
)} .
//v-::-;/ (:.. j,:.-'t
Monica E. Peng - P .' till"
Datc: (( /rJI",' ,-IJ, \e( 1/
Respectfully submitted,
10' "J;)-11
Datc: <7'
UO~T-?it C)(~
Melissa Peel Gr.:evy. E~J
J.D. No. 77950
214 Senate A venue Suite 602
Camp Hill, P A 17011-2336
(717) 763-8995
Ii
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MARITAL SETTLEMENT AGREEMENT
HilS AGREEMENT, made and entered into this lL~'f!ay of OrJriLl', 1997, by and
between: Monica E, Peng, residing at 611 Walton Strect I.Cn1oyne. P A 17043 (hcreinafter
rcferred to as "Wifc", and collc:ctively with "Husband" as "the parties"),
-ulld.
William C. Peng, residing at 1827 Anna Street. New Cumberland, PA 17070 (hereinafter
referred to as "Husband. and collectively with "Wife" as "the parties"),
WITNESSETH:
WHEREAS. the purties were murried on June 17.1995, and said marriage still subsists;
and;
WHEREAS. the parties have one child between them; namely, Amanda Nicole; and
WHEREAS, irreconcilable differences having arisen between the parties, they have been
and intend to continue living separate and apart; and
WHEREAS. in light of the parties' separation. they hereby desire to cnter into an
agrcement dealing with the care and custody of their child. and to define their respective financial
and property rights. together with all other rights. remcdies. privileges and obligations which
have arisen out of their marriage. The parties agree that thcir futurc relations shall be governed
and fully prescribed by the tcrms of this agreement (hcreinalier refcrrcd to as "thc Agreement");
and;
WHEREAS. the parties have disclosed to the othcr's satisfactiollthe nature and value of
all of their presently constituted assets. liabilities and income; and;
WHI'RI'AS. Wifc having bccn rcprcsentcd by MelissaPccl (ireevy. Esquirc. whose
otlicc is at 214 Senate A wnue Suitc 602 in ('amp Ilill, Pcnnsylvania 170 II. and Ilusbaml
having knowingly and voluntarily waivcd his right to counsel; and;
NOW. THEREFORE. in considcration of the mutual promiscs, covenants, agrecments
and tcrms herein contained it is agrecd by and betwecn thc partics as follows:
AltTlCLE I
CUSTODY AND VISITATION
1,\ ClIS/Ody, The parties' child, Amanda Nicolc Peng shall be in the joint legal custody of
Husband and Wife. The parties shall consult with cach other relative to all important decisions
concerning the child including such mailers as hcalth. education, and religion. Primary physical
custody of the child shall be with Wife.
\,\1 The parties agrce that they may takc the minor child to their respective places
of worship and anticipate that whcn shc has rcached an agc that shc is capable of thoughtful
understanding that she will make her own choice regarding her faith and religious practice,
1.2 Vi.rita/ion, Husband shall be entitled to partial periods ofphysica\ custody. for
purposes of visitation. as per the following schedule:
1.21 Husband shall bc entitled to every other weekend. from Saturday morning at
10:00 a.m. until Sunday evening at 7:30 p.m.
1.22 Husband shall be entitled to visitation Tuesday and Thursday evening every
week from 5:30 p.m. until 7:30 p.m.
1.23 Husband shall be entitled to visitation on Father's Day and his birthday until
7:30 p.m. In the event that Mother's Day or Mother's birthday fall on a weekend when Husband
would normally have custody. Husband shall be entitled to have custody until 7:30 p.m.
.
Saturday.
),24 Thanksgiving shall bc brokcn intlltwo scgments. Scgment ^ shall hc from
5:30 p.m, thc day bctorc Thanksgiving until 7:30 p.m. Thanksgiving Day. Scgmcnt B shall hc
from 7:30 p,m. Thanksgiving Day until 8:00 p.m. thc day after Thanksgiving. Husband shall
havc Scgmcnt A and Wife shall havc Scgmcnt B.
1.25 Christmas Evc, Christmas and Eastcr shall bc spcnt with Mothcr,
1.26 The Chincsc Ncw Ycar shall bc with Ilusband, subject to seven (7) days
notice to Wife.
1.27 Husband shall be entitlcd to scvcn continuous days of visitation each
summer, to coincidc with his vacation from work, subjcct to 60 days notice to Wile, Likewise.
Wifc shall be entitlcd to scven continuous days of visitation each summer to coincidc with her
vaeution from work. subject to 60 days notice to Husband.
1.28 Husband shall he cntitled to udditionul periods of visitation, with thc cxact
details to bc subject to the agreemcnt and cxpress conscnt of both parties.
1.29 Husband shall providc the transportation, relative to his pcriods of visitation.
1.3 During any pcriod of custody or visitation the partics shall not possess or use any
controlled substancc, neithcr shallthcy consumc alcoholic bcveragcs to thc point of intoxication.
Thc purtics shall likewise assure. to the extcnt possihle, that other household mcmhcrs and/or
housc gucsts comply with this prohibition.
1.4 The parties agree that persons whom thc parties may be dating or romantically
involvcd shall not be prcscnt during pcriods of custody. It is contcmplated by the parties that at
somc point in the future they may entcr a long term romantic relationship with anothcr and want
the minor child to mcct that person. In thc cvcntthat a party hus dated a partncr in u
III1Illllgamous rdationship lilr a perilld of no less than nine (lJ) months and the rdationship is of
such a nature that marriage is being contemplated. the parties agree that they will infoml each
other of that so that they may arrange lor the minor child to interact with that person. The
parties specilkally agree not to expose the minor child to casual romantic partners, or people
they are casually dating.
1.5 Aliena/ion of Affections. It is expressly undcrstood and agreed by the parties that
ncithcr shall do anything to alienate thc child's affection for or color the child's attitude toward
the other. The parties shall cooperate in every way to help the child better adjust hersclfto the
circumstances as they now. and may in the future, exist. The parties agree to conduct themselves
in a manner that shall be in the child's best interests, and neither shall do anything that shall
adversely affect the child's morals, hcalth and welfare.
1.6 The parties agree that neither party shall remove the minor child from the Harrisburg
area without giving the other party thirty days (30) notice.
I. 7 In conncction with the definition oflegal custody, the custodial parent shall be
responsible at all times lor informing the non-custodial parent of school assignmcnts. parent-
teacher meetings. special projects. or any extra curricular or scholastic special evcnts the child
may bc attending.
1.8 In the event of Wife's death, Husband agrees to provide rcasonable visitation to the
god parents of the minor child, Tony and Angic Tully; and to her maternal grand parents, Sylvia
and Warren Engle, In the event of Husband's death, Wife agrees to provide reasonable visitation
to thc patemal aunt and uncle of the minor child. Dat and Ha Peng.
1.81 Husband and Wife agree to execute wills appointing Tony and Angie Tully.
as Testamentary Guardian for the minor child and that provide for reasonable visitation to Dat
and Ila Peng, allll Sylvia and Warren Engle, in the evenl oflhe death of bolh Ilusband and Wile.
AlnlCLE II
SUPPORT. MAINTENANCE AND EDUCATION OF UNEMANCIPATED CHILD
2.1 Child SIIPPOrt. Commencing on the cffective date of this Agreement (sec Article
9.19), Ilusband agrecs to pay to Wile the sum of threc hundred thirty cight ($33!l.ClO) Dollars pcr
month and lur Amanda's child support. The parties ugrec Ihatthere shull be a 4% incrcuse cvcry
year in the child support paymcntto bcgin in October 191)9. Ilusband's said child support
obligution shalllerminatc uponthc huppening of Amundu's 18th birthday or upon her graduation
from highschool, which evcr shull occur later.
2.2 Hea//h 1/I.\IIrana and Unreimhllr.w!d, Uncowm/ Hea//h-Re/a/eel Expenses. lIusbund
agrecs to providc hculth insurancc coverage for the child as provided through his cmploymcnt
until such timc as thc child is enmncipated or ineligible to receive benefits under Husband's
heallh insurance plan, The partics shall be responsible 1(lr all of thc child's unrcimbursed.
uncovercd health-related cxpenscs. including, without limitation. mcdical. dcntal. optomctric,
ophthulmologic, orthodontic, psychological. etc.. 40% by Wile and 60% by Husband. In the
cl'cntllusband is no longcr cligiblc to providc health insurance in this rcgard through his
cmploymcnt. thcn Wile shall providc samc through hcr cmploymcnt. In thc event neither party is
cligiblc or ablc to providc hcalth insurance in this regard through their cmploymcnt, then the
partics shall obtain indcpcndent hcalth insurancc, thc cost of which shall be apportioncd betwcen
Ihc partics, 40% by' Wifc and 60% by Husband.
;l:~
2.3 /'us/-Scnmdary Sdwo/ EdIlCll/ion. Thc partics ugrcc to contribute toward thc child's
post-sccondary school cducation costs and expcnses; including, without limitation, tuition,
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room. board. miscellancous schoollecs, books. transportation, and any related costs and
c,\pcnscs, in accordancc y,ith their rcspcclivc anilitics to pay.
2.4 1.l/e Im/lrtlll"c. Thc partics agrcc that Husband shall maintain a life insurance policy
inlhc amuunt of $ 100.000.00 fur the child's benefit. naming Wife as irrevucanle trustce thereol:
! lusband's obligation to maintain such lifc insurancc shall anute upun thc child's emancipation.
Ilusnand agrees to namc Witi: as the policy(ics) owncr and tu provide Wife with the uriginal
policy. together with proof of prcmium payment. un an annual basis.
AIHICLE III
ALIMONY AND INSURANCE
3.1 Alimony. Wili: hereby waivcs the right tu receive alimony following the deeree of
divorce from Husband.
3.2 Insurance. Wife currently has health insurance provided at no cost lIS a benefit to her
currcnt employment. In the event she shall no longer be eligible to provide her own health
insurance in this regard. then Ilusband shall provide same through his employment. In the evcnt
ncither party is eligible or able to provide health insurance in this regard through their
cmployment. then the parties shall obtain independcnt health insurance. for Wife. the cost of
which shall be apportioned between the parties. 40% by Wili: and 60% by Ilusband. Neither
party shall have any obligation to provide or maintain automobile. disability. homeowner's
insurance for the other's benefit.
ARTICLE IV
EQUIT ABI.E DISTRIBUTION
4.1 Marital HOllie. The parties acknowledgc that during the marriage they were vested
with title. lIS Joint Tenants with Rights of Survivorship. to premises located at 611 Walton Street
I.emoyne, Camp Hill. Pennsylvania ("the premises"). Wili: shall continue to reside in the
premi~es until it is sold. lIusband ugrees to puy Iifty percent (50%) of the mortgage each month,
unlillhe homc is sold. Thc partics ugree thutuny prnlit from the sale shall be apportioncd
bet\\Cen thc purtics with 50% to Wile, und 50% to Ilusband, Wile shall bc rcsponsible for ull
utility costs lor thc premises und both partics shull be equally responsible for the cost of uny
reasonublc und nccessury repuirs and muintcnuncc untilthc muritul homc is sold. In thc cvcnt the
sale of the prcmiscs results in a capital gains tux conscqucncc, thc purtics ugrec to be equally
responsiblc to puy sume.
4.2 A IIloll/ohiles, Thc partics agrcc thut cach shull rctain owncrship of thc uutomobilc
prcscntly in their posscssion. Wile shall rctain owncrship ofthc 1996 Ilonda Civic und Husband
shall rctain thc 1989 Jccp Cherokcc. Ilusband agrccs to convey title to thc Ilonda Civic to Wile
in hcr namc ulonc und relinquishcs all right, title and intcrcst in said vehidc. The purties
undcrstand und acknowledgc that euch shall continuc to bc rcsponsiblc for any und all obligations
with rcspcctto thcir respcctivc said automobilcs including. without limitation, costs of
maintcnance and repairs, liccnsc, rcgistrution. insuruncc and any misccllaneous charges in
conncction thcrewith.
4.3 Bank and Financia' A('mIlIllS. Thc partics cach hcrcby waivc, rdeasc und relinquish
any and all right, titlc and intcrcst cither may huve in und to the olhcr's separutcly titlcd bank and
Iinandal accounts; including. without limitation, chccking. savings. certilicatcs of deposit.
moncy markcts and Iinaneial investment accounts of whatcver kind and naturc, und neithcr shall
makc any duim aguinst thc other's propcrty now or in thc future. Thc partics agrcc that thcy havc
uscd thc chccking account #0700024534 utllarris Savings Bank to puy off various murital dcbts
und that thc rcmaining balance has bcen dividcd bctwcen thcm in a mutuully satisfuctory munncr.
^ny bunk uccounts maintained during the marriagc for the bcnelit of the partics' child shall
ret1luinthe property of the child and neither party shalladversdy afli:ct sat1lc.
4.4 Retirement I'I</II.\', -/Ol(k).\', IRA.\' (/lid D~/~rred Savingll'lallS. Thc partics each
hercby agrcc that any and all rights. titlc and intcrest cither may havc in and to thc other's pension
or prulit-sharing plan(s). 40\(k). IRA account(s), or any othcr such retircment benelit of like kind
and character, is waivcd and released. The parties agrcc to retain possession and ownership of
such property as same is presently titled, for thc benelit of the minor child.
4.5 Stocks and Bonds. The parties each hercby agree that any and all rights title and
intcrcst either may have to any stocks. stock plans and bonds presently in either party's name is
waivcd or released. The parties agree to retain posscssion and ownership of such property as
same is presently titled, for the benclit of the minor child,
4.6I'er.\'ontll Effects. Exccpt as set forth hereto. the parties represent and acknowledge
that each party's tangible personal effects such as clothing and jewelry, etc., have been previously
distributed between them to their mutual satisfaction and neither party will make any claims to
thc property possessed by the other. except as set forth hereto:
The following items shall become the sole and separate property of Husband: See Exhibit
"A" attached hereto setting forth numerous items of personal property.
The following items shall become the sole and separate property of Wife: See Exhibit
"B" attachcd hereto selling forth numerous itcms of pcrsonal property..
4.7 A.I'sets Not Specifically Mentioned Herein. To thc cxtcnt any asset acquired during
the parties' marriage is not specilically mentioned or distributed herein. the parties agree to divide
and distribute same at a future date,
4.8 Asset.\' Acquired Sub.\'equentto Executil.'n ofthi.\' Agreement. The parties agree that
any asset of whatever kind and nature acquired by any possiblc means and titled in their
individual namc or in thc name of anothcr shall forevcr hcrcaner remain their separate property
und shall not bc subject to distribution. equitablc or othcrwisc. in any possiblc future procceding
conccrning the status of the parties' marriage,
ARTICLE V
MARITAL DEBT
5.1 The parties agree to distribute the following marital dcbt as describcd below:
I) Husband shall assume sole responsibility for the loan on the 1989 Jeep Cherokee;
2) Wife shall assume sole responsibility for Ihe Signel Loan, approximate balance $5700.00.
In the event there are any joint debts not specifically mentioned herein, at such time as
they may become known, the parties shall be cqually responsiblc for paying same. The parties
agree to each be responsible for paying any debt hcretofore or hereaner acquired in their
individual names and neither shall seek any contribution from thc other toward the payment of
same. In the event either party may be called upon by a creditor of the other to satisfy u debt of
the other. the indebted party shall promptly defend, indemnify and hold thc olher harmless from
the creditor's vctions,
5.2 Credit Accollnl.\'. Thc partics agree to distribute credit card debt us follows: Husband
agrecs to assume all credit card debt on:
Discover Card
Visa
as of the date of this agreement.
Wife agrees to assume all credit card dcbt on:
Approximate Balance: $4400.00
Approximate Balunce $ 200.00.
Masler Card
Approximnte Bulunce $ 700.00.
as of the date of this agreement. To the extent that either party may presently have in their
possession credit cards or credit/financial account acccss cards, which credit was obtained in the
'.
name of the other, each agrees to immediately refrain from using such curds al uny time now and
in lhe future. and to this end euch furlher ugrees tu surrender sume to the uppropriute titlcd purty
furlhwith.
ARTICLE VI
TAXES
6.1 Tux Returns. The parties agrec to IiIc incume tux rcturns for the year 1997 buscd
upon the most beneficial tax consequences to both ofthem. Any refunds which may be received
in the future by either party and any liabilities. including underpayment of tux, penalties, interest.
etc.. incurred in connection with any joint income tax return previously or to bc liIed by the
parties shall be shured and/or borne equally by the parties. Wife shall be permitted 10 take all tax
deductions relative to the marital premises on her 1997 and subsequent yeur tax returns.
6.2 Child Dependency Exemption. Wife shall be entitled to claim the child as a
dependent on her Federal, Stute, und any other income tax returns.
ARTICLE VII
COUNSEL AND LITIGATION FEES AND COSTS
7.1 The parties agree that Wife's attomey fees, litigation fees and costs, up to the amount
of $1500.00 shall be paid from Savings Account # 0760005134 at Harris Savings Bank. In the
evcnt that the fees exceed $1500.00.lIusband agrees to pay Wile 50% of the remaining fees.
The parties understand and agree that Husband shall assume and be responsible for the payment
of all of his own uttomey's fees and costs incurred in connection with the negotiation and
preparation of this Agreement. and the Divorce.
ARTICLE VIII
RECONCILIATION
8.1 Reconciliatiol/. Subject to uny possible superseding wrinen ugreement between the
purties. notwithstanding the purties' possible reconciliution, ull provisions contuined in this
ugrcelllent, executory or not. shull nonetheless be binding upon the purties und euch shull huve un
aflirlllutive obligation to fulfill their respective obligutions to euch other us defined herein.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.l/nclcpenclelll Legal Rcprescntation. The parties acknowledge that each hus had the
opportunity to be represented by independent counsel with respect to the negotiation, druBing
und execution of this Agreement. Wife has been represented by Melissa Peel Greevy, Esquire.
with oflices at 214 Senate Avenue Suite 602 Camp HilI,l'ennsylvania, and Husband,
notwithstanding his opportunity to do so, Husb'md has freely, voluntarily and without coercion,
duress or undue inlluence waived his right to be represented by independent counsel at all stages
during the negotiation. draning and entry into this Agreement. The parties represent and
acknowledge that each understands all of the legal and practical effects of this Agreement, and
with this understanding. each signs same voluntarily. of their own free will, and without any
undue influence. fraud, coercion or duress of any kind whutsoever exercised upon either of them
by any person.
9.2 Non-Molestation (/l/cllllIerferctll'e. The parties agree that neither will molest,
malign, disturb. or interfere with the other or the other's relutives in any manner whatsoever
during the period of their separation. Each shall be free from interference. direct or indirect, by
the other. and be entitled to live their life as if single ami unmarried to the other.
9.3 Voluntary Execuliol/. The parties acknowledge and represent that this Agreement is
lair and reasonable under the circumstances and that it is not the result of any fruud. duress or
'.
undu~ inllucnc~ ~x~rds~d by cith~r parly ur an)' third purty upun ~ith~r uf Ih~lll. and that ~ach
~x~cut~s samc vuluntarily and of their uwn fre~ will.
9.4 No Our /0 Dil'orce, Nothing in this Agr~elll~nt shall be constru~d as a relinquishment
by either party of their right to prosecutc or dcfend any suit to dissulvc thc instant marriagc in any
cuurt ufpropcr jurisdiction. It is further spedlically understood and agrced that, unless other
\\ise spedfied in the document, the provisiuns of this Agre~ll1ent relating to the equitable
distribution of the parties' property ure accepted by euch purt)' us u linal settlement for all
purposes whatsoever. If either purty breuches any provision of this Agreement. other than
Equituble distribution, the other party shull huve the rights ut his or her election. to bring claims
for child support, spousal support, ulil11ony, alimony pend~nte lite, und/or custody to enforce the
rights and remedies which the purty may have under the law. In the event that either purty is in
breach of this agreement, the party breuching shall be rcsponsible for payment of attorney fees
and costs incurred by the other in enforcing his or hcr rights under this Agreement. It is
understood by and between the parties that this Agreement shull be enforceable us an order of the
court as provided in 23 Pu. c.s, 93105, following the entry of uny judicial decree, judgment or
order of separation or dissolution of marriage.
9.5 Fur/her AsslIrances. Each of the parties, from time to time, at the request of the
other, shall execute, acknowledge and deliver to the other any and all further instruments and
take such steps which may be reasonably required to give full force and effect to the provisions
of this Agrecment.
9.6 Wuiwr 1!/,CluiIllS AKuim/ ES/llle, e/c. Except as Illay be hcrcin contained to the
contrary. upon the etTectivc datc of this Agrcement each party may dispose of his or her property
in un)' IVUY, and each party wuives, relinquishes and rclcuses uny und all rights he or she may now
havc or may hcrcatlcr acquirc undcr the prcscnt or futurc laws of any jurisdiction to sharc in thc
property or cSllllc of thc other as a result of thc marital relationship including. but nut ncccssarily
Iimitcd to. dower, curtcsy, cquitablc distribution. statutury allowances, widuwer's and/ur widuw's
allowllnce. homestead rights, right to take by intcstatc distribution. right to take against the Last
Will and Testament of the other, right to act as administrutor(trix) or exccutor{trix) of the othcr's
cst ate, or any community property rights whatsoever.
9.7 Negotiated Sell/emem. The parties acknowlcdge that thc scttlcmcnt tcrms rellccted in
this Agreemcnt represent a compromise and ncgotiatcd settlcmcnt, and that each has actively
participated in the preparation of this Agrccmcnt.
9.8 Milum/ Re/eases. Except as may be hcrein contained to the contrary, each party
hcrcby releases and dischargcs. and by this Agrccment docs for himself or hcrself, and his or her
Icgal heirs. reprcsentatives, exccutors, administrators, and assigns. release and discharge the other
of and from all causes of action, claims. rights or dcmands whatsoever, in law or in equity, in
which either party ever had or now has against the othcr. exccpt for any and all causes of action
for dissolution of marriage, alimony. and/or post-judgmcnt enforcement applications to a court of
compctent jurisdiction.
9.9 Entire Under.I'wllding. This Agreement contains thc entire understanding of the
parties. There arc no representations. warranties. covenants or undcrtakings othcr than those as
exprcssly set forth herein.
9.10 Modijication or Waiver. A modification or waiver of any of the provisions of this
agrecment shall be effective when and only if made in writing and executed with the same
formality as this Agrcement. The failure of cithcr party to insist upon strict performance of any
of the provisions of this Agrcemcnt shall not be construcd as a waiver of any subsequent default
\
or Ih~ sum~ or similar natur~.
9.11 Sil/lJ, Th~ purties ugree Ihutth~ Agr~~ment shull be construcd und governed in
u~cordunce with thc laws of thc Commonwcnlth or Pennsylvuniu, exclusive of conllicts of law
principles. Additionally, thc dmning of this Agrccmcnt by th.: nllorneys for Wifc shull have no
bcuring on thc intcrprctation of same.
9.12 Survivorship. This Agreemcnt shull inurc to thc bene lit of both parties, their hcirs
nnd assigns forevcr and shall bc binding upon said partics, their heirs and assigns forcvcr cxcept
us olherwisc stuled herein.
9.13 Review of Agreement, Thc purties acknowlcdgc thut cach hus rcad and reviewcd this
Agrcement in its entirety. Wife has rcvicwcd thc agreemcnt with her counscl, prior to signing,
Husband has waivcd the opportunity to bc reprcscntcd by indcpcndcnt counsel with respect to
ncgotiation. review, draning and cxecution of this Agrccmcnt.
9.14 Agreement CIS Eviclence. This Agrecmcnt muy be offcred into evidcncc by eithcr
party in any action or proceeding of any naturc in which thc samc may bc material or relcvant.
9.15 Article ancl Sub-part Ilee/clingl'. Thc headings of thc several urticles and sub-
divisions of this Agreement arc insertcd solely for thc convcnience ofrcfercnce and shall have no
further meaning. force or elTect.
9.16 ('olllmll/licalioll b1fimlle/lion. For so long as nny provision contained hercin rcmains
unfullilled. each party agrees to kccp the othcr informed of his or hcr rcsidence and telephone
numbcr or of such other places or telephonc numbcrs whcrc hc or she may rcadily receive
communications.
9,17 Severability. Should any provision of this Agrecmcnt bc held invalid or
uncnforccable by any court of competent jurisdiction. nil othcr provisions shall nonetheless
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1).18 NOIl-n""IJ;oll. Th~ parli~s r~l'r~s~/lt and acknowl~dge that therc have hcen no
collusive ugreements whatsoev.:r madc eithcr orally or in writing. or any rcprcsentations madc by
onc puny to the other with rcspect to the procurcmcntof u d~crcc dissolving thc parties' marriagc.
or with respcct to restraining or inhihiting the othcr from contcsting or Iitiguting any pending or
futurc matrimonial action or compliuncc applkution incident to thc cnforccmcnt of thc IcrnlS of
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9.19 Ejle,'live Dule (!lAweemel1l. Thc effcctive dute of this Agreement shall be thc datc
on which same is fully cxecuted by both panics.
IN WITNESS WHEREOf, the purtics have hcreunto sct thcir hands the day and yeur
writtcn below their respective namcs.
Datc: Icj'r/Q /
MJYrtc' ~?
Monica E. Pe '
IlL-I., {!., ~
William c. Peng cr--
Date: IO/il/97
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EXHIDlT "An
PROPERTY SETTLEMENT- WILLIAM C. I'ENG
1. Smull telcvision
2. Hummock
3. Bill's dishcs, Ricc Cooker, Dccp Frycr
4, Guns & Hunting Equipmcnt
5. Cordlcss Phonc
6. Vinyl Sofu
7. Grill
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EXHIBIT "I)"
PROPERTY SETTLEMENT- MONICA E. PENG
I. Console Television
2. Bedroom fumiturc
J. Amanda's furniturc
J. Living Room furniture
4, Porch fumiturc
5. Office fumiture and equipmcnt
6. Microwave Ovcn
7. Vidco Camcra/recordcr
8. Lincns
9. Kitchen accessorics and Dishes
10. Lamps
II. Etcgere3
12. Ionizer
13. Pictures and Wall hangings
14, Aquarium and acccssories
15. Tent and Accessories
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MELISSA PEEL GREEVY. ESQ,
214 SENATE AVENUE' SUITE 602
CAMP HILL, PA 17011
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THIS IS A TRUE CORRECT COPY ()
OF THE ORIGINAL .
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MONICA E, PENG,
PlaintifT,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v,
CIVIL ACTION - LAW
WILLIAM C. PENG,
Defendant.
No. 5920 Civil 1997
IN DIVORCE
AFFIDA vir OF SERVICE BY MAIL
AND NOW, this ~ day of November, 1997,1, Melissa Peel Greevy, counsel for
Plaintiff in the above-captioned action, hereby certify that I have served a true and correct copy
of the foregoing Complaint in Divorce and Marital Settlement Agreement upon the Defendant.
William C. Peng, by certified mail, retum receipt requested, restricled delivery, and by U. S.
Mail, at Camp Hill, Pennsylvania at the following address:
William C, Peng
1827 Anna Street
New Cumberland, P A 17070.
The signed return receipt is attached hereto.
Date: 11-.1.(- 9 7
Melissa Peel Greevy, Esquire
1.0, No. 77950
214 Senate Avenue Suite 602
Camp Hill, PA 17011-2336
(717) 763-8995
Counsel for Plaintiff
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MONICA E. PENG,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
WILLIAM C. PENG,
Defendant.
No. 5920 Civil 1997
IN DIVORCE
AFFIDA VIT OF CONSENT
I. A Complaint in divorce under * 3301(c) of the Divorce Code was filed on October 24,
1997,
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final decree of divorce atler service of notice ofintention to
request entry of the dccree.
I verify that the statements made in this allidavit 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
lalsi Iication to authorities.
Date: Jl - "1- ? 7
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MONICA E. PENG,
Plaintill:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY . PENNSYLVANIA
v,
No, 5920 Civil 1997
WILLIAM C. PENG,
Dcfendant.
CIVIL ACTION - LA W
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A nlVORCE DF[,REE UNDER * 3301(c) OF THE DIVORCE CODE
I. I consent to thc entry of a final decrcc of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or cxpenscs if I do not claim thcm bcfore a divorce is granted.
3. I understand that I will not be divorced until a divorce decrec is cntcred by the Court
and that a copy ofthc decree will bc sent to me immediately after it is filed by the prothonotary.
I verify that thc statcments made in this affidavit are true and corrcct. I understand that
lalsc statements herein are made subject to the pcnalties of 18 Pa. C. S. * 4904 relating to
unsworn falsification to authorities.
Datc: ,;J.~ '1' 'i 7
IJdL... .
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MELISSA PEEL GREEVY. ESQ.
214 SEN"TE AVENUE' SUITE 602
.~g,l"ll, PA 171111
THIS IS A TRUE CORRECT COPY
OF THE ORIGINAL
.------'
MONICA E, PENG,
Plaintill',
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LA W
WILLIAM C. PENG.
Defendant.
No. 5920 Civil 1997
IN DIVORCE
Praecipe
To the Prothonotary:
Kindly withdraw Counts II, III, and IV in above-captioned divorce complaint as the parties
have entered into a marital settlement agreement which has been filed with the court,
"/['1 LtC &
Melissa Peel Greevy, Esquire
1.0. No. 77950
214 Senate Avenue Suite 602
Camp Hill, PA 17011-2336
(717) 763-8995
Counsel for the Plaintiff
Dated: J ,1 'I-? 8
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MODIFICATION TO MARITAL SETTLEMENT AGREEMENT
Whereas, William C. Peng and Monica E, Peng, signed a Marital Settlement Agreement on
October II, 1997. (hereinafter "Agreement"), said Agreement settling various matters pertaining
to their marriage, including provisions for Ilustody of their daughter, Amanda Nicole Peng,
Whereas, William C, Peng has now remarried and the parties, William C. Peng and Monica
Peng, recognizing the change in circumstances, desire to amend paragraph 1.4 of the Agreement '~
to permit visitation between William C. Peng's new wife, and the child, ~-.
,1
Whereas,-lhe Jlftrtie3 belie'ie !hat i~ in t!,G bG3t inh:rc3t3 eftheir 8all!;htcr that l.maRlla PI 1 ,P
-~nd-tilllll-with-Willialftt..Peng's new WiHl. Howe"lo1r, it is lMo understood by the ,,~~-
parties that it is incumbent upon William C. Peng's new wife that she exercise some proficiency (frff"
in speaking and understanding the English language. It is solely for this reason that, at this time, tJC P
there is a requirement that William C, Peng be present when his wife visits with Amanda,
Now therefore, in consideration of the mutual decision of William C. Peng and Monica Peng to
modify the agreement, and pursuant to Paragraph 9.10 of the Agreement governing and
permitting Modification of any provision of the Agreement, the Agreement is hereby modified,
as follows:
I, Paragraph 1,4 of the Agreement is hereby modified to read as follows:
1.4 William C. Peng's wife is permitted to cxercise visitation with the minor
Child provided that William C, Peng is present during those times of visitation. This
Provision shall remain in effect until such time as the parties are satisfied that William C.
Peng's wife demonstrate that she has a basic understanding of the English language such
that Amanda will be safe solely in her presence. One year after this Modification is
signed; the parties agree to discuss whether the baseline proficiency has been reached. If
either of the parties does not agree with the other party's position, then that party may file
a petition with thc Court which has jurisdiction in this matter, to determine whether it is
proper to remove the visitation restriction. William C. Peng agrees that in the event he
violates this provision he shall be subject to pay Monica $100,00.
2. All other provisions of the Agreement dated October II, 1997, shall remain in full force
and effect.
3. It is noted that William C, Peng is represented by legal counsel, Michael D. Rentschler,
It is further noted that Monica Peng has had the opportunity to consult an attorney to discuss this
.
,
documcnt and has affinnativcly dccidcd not to cngagc counscl for thc purposc of this
moditicatiun, Thc partics acknowlcdgc that cach has rcad and rcviewcd this Modification in its
entircty. Mr. Pcng has rcviewed this Modification with his counsel. prior to signing, Monica
Peng has waived the opportunity to bc reprcscnted by indcpendcnt counscl with respect to
negotiation, review, drafting, and exccution of this Modification.
4, The effcctive datc of this Modification is thc datc in which the last party signs it.
5, This document compriscs two pages, including the signature page,
IN WITNESS WHEREOF, the parties have hercunto set their hands the day and year written
below their respective names.
Date: /-,;l9 'OJ
2. .---'
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Witness
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William C, Peng -r--
Date: \-dl\- 03
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Witness Monica Peng
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