Loading...
HomeMy WebLinkAbout03-0378L1NDA H. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. O3- 377 Civil Term .' : ACTION IN DIVORCE : _NOTICE TO DEFEND AND CLAIM RIGHT~; 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 LINDA H. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. O,~._.~2[ Civil Term : ACTION IN DIVORCE ; COMPLAINT IN DIVORCE 1. Plaintiff is Linda H. Hsueh a competent adult individual, who has resided at 265 Springview Road, Carlisle, Cumberland County, Pennsylvania, since 1990. 2. Defendant is Kan-lin Hsueh, a competent adult individual, who has primarily resided in Taiwan for approximately one year. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 2, 1980 in Norfolk, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have four children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. I 0. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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. Linda L. Hsueh, Plaintiff Date: Respectfully submitted, Ja~e Adams, Esquire ~A/htx~ I.D~ No. 79465 ~outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF LINDA H. HSUEH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. · No. 03 - 378 Civil Term KAN-LIN HSUEH, · ACTION IN DIVORCE Defendant · AFFIDAVIT OF SERVICE AND NOW, this March 6, 2003, I, Jane Adams, Esquire, hereby certify that on or about February 20, 2003, a certified tree copy of the NOTICE TO DEFEND, and COMPLAINT IN DIVORCE were served, via certified air mail, return receipt requested, addressed to Defendant, Kan-lin Hsueh as follows: ,f~-,~,~, ~' ,~, ~ 4 & 195 ~77 440 ~ Chutung, Hsinchu, 310 Taiwan R.O.C. Respectfully Submitted: //J/a~e Adams, Esquire I.¢. No. 79465 ~ South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ jUNITED STATES POST/JL SERVICE® Return (Registered, Administration des Postes des Etats-Unis d'ArMrique Par Avion Return by the quickest route (air or surface Name or Firm (Nora ou raison sociale) mail), a d6couvert -""~'-'~ ~.. ~ z-~[ ,,-~ ,."".--.. <:~ and postage free...'.~.Otd3~-(~----"l"'~X' L~"~l'G'l~"'r"'~'~'' renvoyerpar A Street and Num ~ · la voie la plus rapide (a6denne ou de surface), State. and ZiP + postal) ~ d~couvert et en franchise de port. .. PS Form 2865, February 1997 The sender completes and indicates the address for the (A rernplir par I'exp6diteur, qui indiquera son adresse ~rg. ception leUOp, eu -Jelul I!el/tl I"l UO$/e~,4!/ ~ /O/~u~) r-~ (°'qnv) ,--, .', sseJdx3 /ue^!leO Pel~OOel=l ~ Jeqlo LJ 'D'O'~I u~!~.',L 0 ! ~ 'nqou!sH '~unlnq3 ~ 02~ ~ ~elie~ [] (e.~lJe'7) pelu!jd Jel3e'l [] (eP. mlopp .~nel~ oe,~e SllOO) leOJ~d PeJnSUl (ppu~ ep e~n~eN) uogdposeo tuel, LINDA H. HSUEH, VS. KAN-LIN HSUEH, · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · No. 03 - 378 Civil Term · ACTION IN DIVORCE Defendant · ACCEPTANCE OF SERVICE pURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.,I I, Kan-lin Hsueh, Defendant in the above-captioned matter, received a certified hue copy of the Notice to Defend and Complaint in Divorce filed under the above-captioned on ~-~)~. and3 hereby accept service of the Complaint lathe above-captioned matter. Kan-lin Hsueh, Defendant LINDA H. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of PRINCE gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date: ~~~. ~'X.Z~L~f ~.v~J LINDA L. HSUEH Former Name. LINDA L. PRINCE Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, theap~~day of ~J/~~ ,2003 before me, the undersigned officer, personally peared LINDA L. HSUEH/LINDA L. PRINCE (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and__.offic_,j~l seal. LINDA L. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2003, by and between, LINDA L. PRINCE, formerly known ~s LINDA L. HSUEH, ~)f Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and KAN-LIN HSUEH, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 2, 1980, in Norfolk, New York, and; WHEREAS, there were four children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. ;2. ADVICE OF COUNSEL. The Husband is PRO SE. The Wife h~as employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Capital One Credit Card Discover Card. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. AT&T Credit Card. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria · set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not 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 outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of Support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: ~ (a) Both of the couple's vehicles shall be and remain the sole and exclusive property of Wife including: the 1989 Mazda 626 and the 1994 Geo Metro. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 265 Springview Road, Carlisle, Cumberland County, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) Within ninety days of this agreement, Wife shall assume or refinance the mortgage loan obligation on the marital home in her name alone. Wife shall complete all steps necessary to have Husband removed from any obligation under the loan on the marital home. (b) On the date of this agreement, Husband shall deliver a deed, conveying to Wife all of his right, title and interest in and to the marital residence. Wife shall have sole and exclusive possession of the marital home from the date of this agreement. As of the date of this agreement, Husband hereby relinquishes any spousal interest in this marital property. (c) As of the date of the refinancing, and without regard to when bills for such items are incurred, received, or due, Wife shall be shall be solely responsible for the timely payments of all past, present and future principal, interest, and other fees under the mortgage. Wife will indemnify and save Husband harmless from any failure or refusal to pay the mortgage. (d) As of the date of the refinancing, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (e) Husband and Wife shall cooperate in completing any documents or paperwork to effectuate the refinancing and this agreement. 13. TIME SHARES. Husband and Wife own two time shares, one in Boyden, Virginia, and one in Kissamee, Florida. Upon signing this agreement, Husband relinquishes all right title, and interest in the time shares to Wife. Wife may transfer, sell or take any other action regarding the time shares without consent or signature of Husband. 14. EDUCATION. Husband agrees to put $300.00 a month in an account for the benefit of the couple's minor daughter, Jennifer L. Hsueh. These funds are to be used by Jennifer for her post high-school education. This payment does not constitute child support and does not eliminate Husband's obligation to pay child support should Wife decide to file for child support. 15. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 16. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 23. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 24. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 25. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: KAN-LIN HSUEH, Defendant Date: ?Witness COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the '~o'~day of ~'~r-'iL._ , 2003, before me, theundersigned officer, personally appeared KAN-LIN HSUEH, Defendant, known to me, (o~ satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. %...,.-- n expires: LINDA L. PRINCE, Plaintiff Date: t [ _~ -- (~.~ Witness COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the ~)'~day-- of--~)l~'i L...._ ,2003, before me, the undersigned officer, personally appeared LINDAi~,III[. PRINCE known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ! JANEE. AO~JaS,~ot~Pua~ ! expires:l ~~,~fl~u~_. ~ LINDA L. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 24, 2003. 2. The marriage of 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. I vedfy that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S 4904, relating to unsworn falsification to authorities. Date: '~J-~e $. '3oo~ ~-~)~ ~ Kan-lin Hsueh, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODF 1. I consent to 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 to 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. Date: Kan-lin Hsueh, Defendant LINDA L. HSUEH, vs. KAN-LIN HSUEH, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term : : ACTION IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 24, 2003. 2. The marriage of 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. I verify that the statements made in this affidavit are t~ue and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. 5 ©'3 Linda L. Prince, formerly as Linda L. Hsueh. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e) OF THE DIVORCE CODE I. I consent to 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 ifI 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. 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 unswom falsification to authorities. Date: Linda L. Prince, formerly known as Linda L. Hsueh. LINDA L. HSUEH, VS. KAN-LiN HSUEH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03 - 378 Civil Term : : ACTION IN DIVORCE TO: Kan-Lin Hsueh ~,~ ~ ~ ~- 4 ~. 195 ~J~77 440 ~ Chutung, Hsinchu, 310 Taiwan R.O.C. DATE: June 18, 2003 NOTICE OF INTENT TO REQUEST ENTRY OF 3301(e'} DIVORCE DECREE You have signed a 3301 (c) affidavit consenting to the entry of a divorce decree. Therefore, on or after July 8, 2003, the other party can request the Court to enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the date in the paragraph above, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit does not protect your economic claims. 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 St. Carlisle, Pa. USA 17013 (717) 249-3166 LINDA L. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(e) of the DIVORCE CODE. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that I must file my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable to thereafter file any economic claims. I veri~ that the statements made in this counter-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 unswom falsification to authorities. Date: KAN-LIN HSUEH DEFENDANT NOTICE: IF YOU DO NOT WISH TO CLAIM ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. L1NDA H. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 378 Civil Term ACTION IN DIVORCE; AFFIDAVIT OF SERVICE AND NOW, this July 7, 2003, I, Jane Adams, Esquire, hereby certify that on or about June 25, 2003, a certified true copy of the NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE and COUNTER-AFFIDAVIT were served, via certified air mail, return receipt requested, addressed to Defendant, Kan-lin ttsueh as follows: Kan-lin Hsueh ~44'~J~ ~ ~, ~b 4 ,~9. 195 ~ 77 440 ~ Chutung, Hsinchu, 310 Taiwan R.O.C. Respectfully Submitted: (717) 245-8508 ATTORNEY FOR PLAINTIFF PS Form 3806, Receipt for Registered MailCopy ~ _ Customer June 2002 For delivery (See Informat/on on Rever~e) information, visit our Website at w~vw. usps. com® ~ sure~es, ~ I~dem Y ,-¢,e~o o ,' g ~ mitat~o~s of covei'~ -- ,tic c ~. receipt, (2) the 8A~c~e, ~ LINDA L. HSUEH, VS. KAN-LIN HSUEH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03 - 378 Civil Term : : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together withthefollowing information to the Courtfor entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted deliver~, return receipt requested, delivered on: ~ __ ~,, -.~ _ O ~ 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: ._~ - ~.~---) -- ~ ~-~ By Defendant: [o- 3 -- C~ ~ 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: NoO~5 ioo~to c~ ~[e~l- se~-o,e~t 0~ l~k,~-~,dct~,'~'- ovx Date Plaintiffs Waiver of Notice in §3301(c)'l~ivorce~w~s'~'~ed',~it~e~a~'~- ~"~:~ ' Prothonotary: ~ - \'~- O~ Respectfully Submitted: Date: '~-~,~'- O~ J~Adams, Esquire ~.D./No. 79465 36._8. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaimiff IN THE COURT Of COMMON PLEAS Linda L. Hsueh, Plaintiff Kan-lin Hsueh, Defendant OF CUMBERLAND COUNTY STATE OF ~~.. PENNA. N O. No. 03 - 378 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND ./~,~ ~. ~,, v ~-- Linda L. Hsueh Kan-lin Hsueh ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~oo :~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; None; The property settlement agreement executed on April 30, 2003, And filed May 7, 2003, is incorporated but not merged into this Decree. BY THE COUrt: PROTHONOTARY