HomeMy WebLinkAbout03-0906IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the ease 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 relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
When the grounds for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o
anulamiento puede ser emitido en su contra pot la Corte. Una decision puede tambien ser
emitida en su contra por cualquier otra queja o compensacion reclamados por el
demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI
NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA
INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefono: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
NO.
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSEl,lNG
Hyonso Paki, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unswom falsification to authorities.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 27th day of February 2003, comes the Plaintiff, Hyonso Pak, by
his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and
files the following Complaint in Divorce whereof the following is a statement:
1. The Plaintiff, Hyonso Pak, is an adult individual who currently resides at 2900
Rathton Road, Camp Hill, Cumberland County, PA 17011.
2. The Defendant, Micha Pak, is an adult individual who currently resides at 2900
Rathton Road, Camp Hill, Cumberland County, PA 17011.
3. The Plaintiff and Defendant were married on or about May 19, 1983, and
separated on or about February 27, 2003.
4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. Both the Plaintiff and Defendant are sui j uris and are citizens of the United States.
8. The Plaintiff avers as the grounds upon which this action is based is that the
marriage between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff request your Honorable Court to emer a decree
divorcing the Plaintiff and Defendant absolutely.
Respectfully submitted,
/G. Pa'triCk O'Connor, Esquire
Attorney for Plaintiff
3105 Old Gettysburg Road
Camp Hill, PA 17011
Phone:717-737-7760
VERIFICATION
I, HYONSO PAK, state that I am the PLAINTIFF in the above-captioned case and
that the facts set forth in the foregoing are tree and correct to the best of my knowledge,
information, and belief. I realize that false statements herein are subject to the penalties
for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904.
Date: 2/27/03
HYONSO P,/~ ~
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into this //~day of c./"--~7 ,2003,
by and between HYONSO PAK, of Camp Hill, Cumberland County, Pennsylvania, party
of the first part, hereinafter referred to as "Husband," and MICHA PAK, of Camp Hill,
Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as
"Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on or
about May 19, 1983, and separated on or about September 27, 200~, and
WHEREAS, certain differences have arisen between the parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural lives; and
WHEREAS, the parties desire to conftrm their separation and desire to enter into
an agreement for the final settlement of their property and affairs; and
WHEREAS, the parties intend to dissolve their marital status by means ora
divorce pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the foregoing and in further
consideration of the covenants and promises hereinafter mutually to be kept and
performed by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
1. SEPARATION. It shall be lawful for each party at ail times hereafter to live
separate and apart from the other party, at such place or places as he or she from
time to time may choose or deem fit.
2. NONINTERFERENCE Each party shail be free from interference,
authority and control, direct or indirect, by the other in all respects as fully as if he
or she were single and unmarried. Each may, for his or her separate use or benefit,
conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Neither party shall molest,
harass, disturb or malign the other or the family of said other, nor compel or
attempt to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate
of Husband, and each of the parties hereto by these presents, for himself or
herself, his or her heirs, executors, administrators or assigns, does remise, release,
quitclaim, and forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and all claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by said party prior to and including the date hereof; except
that this release shall in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. MARITAL PROPERTY. The parties hereto acknowledge and agree that
they acquired various assets and debts during their marriage, whether the same
were held jointly or individually by the parties hereto, including but not
necessarily limited to:
(a) The marital residence located at 2900 Rathon Road, Camp Hill,
Pennsylvania, for which a deed is recorded in the name of Wife. The
current market value of said property is believed to be approximately
$190,000 at the time of separation and is encumbered by a first
mortgage held by Countrywide Mortgage of approximately $110,000;
(b) Household goods, contents, furniture and furnishings located at the
family residence;
(c) Husband's cleaning and shipping business, a sole proprietorship
bearing the name Sun Service System Companies. Said company
grosses approximately $45,000 to $50,000 per month and nets
approximately $6,500 to $7,000 per month after all expenses and
taxes;
(d) Husband's 1986 Toyota Van, titled in name of Husband, which is
worth approximately $500, and which is not encumbered by any
obligation or lien;
3
(e) A 2002 Toyota Siena Van, titled in the name of Husband, which is
worth approximately $26,000, and which is encumbered by a loan
from Continental Auto Receivables, Inc., in the amount of about
$26,000;
(f) A 2002 Toyota 4 Runner, tiffed in the names of both Husband and
Wife, worth approximately $32,000, and which is encumbered by a
loan from Chase Bank for approximately $32,000;
(g) Wife's interest in a restaurant named Peking Sushi, located in
Chantilly, Virginia;
(h) Husband's and Wife's personal effects and possessions.
5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant
and agree that the assets described in Paragraph 4, above, have been or are hereby
being divided and distributed between them as follows:
(a) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in and to the marital residence located at 2900 Rathon
Road, Camp Hill, Pennsylvania. Husband covenants and agrees that
said marital residence shall be and remain the sole and separate
property of Wife;
(b) Husband shall relinquish and disclaim any and all ownership, fight,
title and interest in and to the household goods, contents, furniture and
furnishings located in the family residence, and Husband covenants
4
and agrees that said household goods, contents, furniture and
furnishings shall be and remain the sole and separate property of Wife;
(c) Wife relinquishes and disclaim any and all ownership, right, title and
interest in Husband's cleaning and shipping business. Wife covenants
and agrees that said cleaning and shipping business shall be and
remain the sole and separate property of Husband;
(d) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in Husband's 1986 Toyota Van, and Wife agrees that
Husband shall be and remain the sole and separate owner of same.
Husband shall be responsible for paying all expenses related to the
ownership, maintenance and upkeep of said vehicle;
(e) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in the 2002 Toyota Siena Van, and Wife agrees that
Husband shall be and remain the sole and separate owner of same;
(f) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in the 2002 Toyota 4 Runner, and Husband agrees that
Wife shall be and remain the sole and separate owner of same;
(g) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in the Peking Sushi restaurant, and Husband agrees
that Wife shall be and remain the sole and separate owner of the same;
(h) Husband shall relinquish and disclaim any and all ownership, right,
title and interest to clothing and other personal effects of Wife and
5
agrees that Wife shall be and remain the sole and separate owner of
same. Wife shall relinquish and disclaim any and all ownership, right,
title and interest to clothing and other personal effects of Husband, and
agrees that Husband shall be and remain the sole and separate owner of
same;
6. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of
the parties' marital property. The parties have determined that the division of this
property conforms with regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or
exchange of assets.
7. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in
Paragraph 5, above, each of the parties hereto covenants and agrees to assume full
responsibility for and to pay all debts and obligations of whatsoever kind or nature
incurred individually by that party prior to the day and date of this Agreement, and
each of the parties hereto hereby covenants and agrees to indemnify the other
party and save him or her harmless from all liability or claim on account of said
debts and obligations from and after the date hereof.
FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may
hereafter own and enjoy, independently of any claims or rights of the other, all
items of personal and real property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and
effectively in all respects and for all purposes as though he or she were unmarried.
9. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each have certain possible fiscal rights, including but not
limited to the following: spousal support, alimony pendente lite, permanent
alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in
the event ora divorce, and equitable distribution of marital property. It is the
intention of the parties hereto that all of the foregoing rights and remedies, with
the exception of those otherwise provided in this Agreement, are hereby waived
and forever released and that this Agreement shall have the effect of a final Order
of Court relieving each party of the obligation to the other for any and all of the
foregoing possible rights and remedies. The parties have effected an equitable
distribution of their marital property and neither will seek further distribution by
any action at law or in equity.
10. EFFECT OF DIVORCE DECRI~,I~, The parties covenant and agree that unless
otherwise specifically provided herein, this Agreement shall continue in full force
and effect after such time as a final decree in divorce may be entered with respect
to the parties. 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 suc, h separation or divorce; and
that nothing in any such decree, judgment, order or fitrther 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 being understood by and between
7
the parties hereto that this Agreement shall be incorporated in but shall not be
merged into a decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof shall be incorporated by reference into any divome, judgment
or decree. This incorporation, however, 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.
11. INDEMNIFICATION FOR FUTURE DEBTS. [!ach of the parties hereby
covenants and agrees with the other party not to make, incur or attempt to make or
incur any debt or obligation for or on behalf of the other party hereto, or for which
the other party may be held liable, from and after the date hereof, and each of the
parties hereto hereby covenants and agrees to indemnify the other party and save
him or her harmless from all liability or claim on account of said debt or
obligations from and after the date hereof.
12. OTItER DOCUMENTS. Each of the parties hereto shall, from time to time, at
the request of the other party, execute, acknowledge and deliver unto said other
party any and all further documents or instruments which may be reasonably
required to give full fome and effect to the terms and provisions of this
Agreement.
13. DIVORCE. This Agreement shall not be construed to affect or bar the right of
either Husband or Wife to an absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
8
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part of the other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divome pursuant to Section 330 l(c) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
both parties agree to execute and file the appropriate affidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
14. SEVERABILITY. The waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement, and if any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, ail other provisions shall nevertheless cuntinue to be in full force and
effect.
15. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incurred to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach., the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
16. LAW OF PENNSYLVANIA APPLICABI,E. Both parties covenant and agree
that they have had ample and sufficient time to carefully and fully review the
terms and provisions of this Agreement and to seek and obtain the advice and
9
counsel of an attorney with respect to the same. Husband has engaged the
services of G. Patrick O'Connor, Esquire, and Wife has had the opportunity and
has been encouraged to seek legal counsel of his o~m choosing. Each party has
carefully reviewed the terms and conditions of this Agreement and has had the
opportunity to do so with legal counsel of his or her choice. Both parties covenant
and agree that they fully understand the facts upon which this Agreement is
premised and based, that they believe this Agreement to be fair and equitable, that
said Agreement is being entered into freely and voluntarily by each of them, and
that the execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
17. INTEGRATION. This Agreement constitutes the entire understanding between
the parties and supersedes any and all prior agreements and negotiations between
them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
18. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding
upon the parties hereto and their respective heirs, executors, administrators and
assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
10
WITNESSETH:
Hyonso Pak
11
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
On this, the /,,/r~ day of ~'~ ,2003, before me, a Notary
Public in and for the state and county aforesaid/the undersigned officer, personally
appeared HYONSO PAK, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
(SEAL)
~ML~Ww~ NOTARIAL SEAL
ILLIAM L. GRUBB, Notary Public
r Allen Twpz Curr~,~md County
ommission expire~ Aug, 13, 2005
COMMONWEALTH OF PENNSYLVANIA)
:SS.
COUNTY OF CUMBERLAND )
On this, the /'/__~_ day of (/~ ,2003, before me, a Notary
Public in and for the state and county aforesaid, the undersigned officer, personally
appeared MICHA PAK, known to me (or satisfactorily proven) to be the person described
in the foregoing instrument, and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
(SEAL)
'"~'" NOTARIAL SEAL
¢ILLIAM L. GRUBB, Notary Public
wer Allen Twp., Cumberland County
Commission Expir~ Aug. 13, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
NO. 03-906 Civil Term
: CIVIL ACTION - LAW
IN DIVORC, E
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO
PA. R. CIV. P. 1920.4
G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and
says that he mailed a copy of the Complaint in Divorce filed in this matter by certified
mail, return receipt requested, addressee only, to the Defendant at 2900 Kathton Road,
Camp Hill, PA 17011. The return receipt signed by the Defendant is evidence of deliver~
to her and is attached as Exhibit "A".
I verify that the facts contained above are true and correct to the best of my
knowledge, information and belie£ I understand that the facts herein are verified subject
to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904
(18 Pa. CS §4904).
I.D. No. 64720
3105 ()Id Gettysburg Road
Camp Hill, PA 17011
Phone 717-737-7760
Attorney for Plaintiff
· Ym~'name and addrees on me mveme
, ~3-I~1~ ~41~can return the c~rd to you.
· Attac~ t~ card to t~e back of the m~lp~,
or on tt~ front h' space
1.
I ICHB
2. ,4~'tlcle Number
~'~'~'~?~,~i~ 7002 0460 0000 97~61 6398
PS Form 3811, Augu~ 2001 I:~'~ee eee~,n ~,~=elm
[] Agent
~. Ce~ffled Ma]I i-1 EXlores~ Mail
[] R~g~te~l~d [] ~urn ~ ~r M~h~l~
~ In~ Mall ~ C.O.D.
4. ~~~ ~y~
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK, : NO. 03-906
Plaintiff :
vs. : CIVIL ACTION - LAW
:
MICHA PAK, :
Defendant : iN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 28, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of 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 tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relatingDATE: ~--~-~t° unswom falsification to authoritiesH~~ ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK, : NO. 03-906
Plaintiff :
vs. : CIVIL ACTION - LAW
:
MICHA PAK, :
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. 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 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 the foregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Hyonso Pak, l~i~ti~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
NO. 03-906
CIVIL ACTION - LAW
MICHA PAK,
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 28, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of 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 true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
_AT : ///~
,// ', t Mic/ha Pak, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONSO PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
NO. 03-906
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. 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 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 the foregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Micha Pak, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
HYONS0 PAK,
Plaintiff
VS.
MICHA PAK,
Defendant
: NO. 03-906 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECOR1)
Grounds for divorce:
,/ Section 3301(c) of the Divorce Code
(a)
(b)
(c)
__ Section 3301(d) of the Divorce Code
Date complaint filed: February 28, 2003
Date of service ofthe complaint: March 20, 2003
If service 30 days after date of filing, date complaint reinstated:
(d) Manner of service of the complaint:
,/ Certified mail, restricted delivery to and return receipt signed by defendant
First-class mail-not returned, certified, mail refused, 15 days have elapsed
__ Date of mailing: Date certified mail refused:
__Personal service by Sheriffand/or Deputy Sheriff
__ Personal service by competent adult other than Sheriff (Affidavit attached)
__Acceptance of service (Copy attached)
__By publication pursuant to Order of Court (Copy of Order attached)
(a) Affidavit of consent required by Section 3301(c) of the Divorce Code:
Date of execution: plainti~ July 11, 2003
defendant: July 11, 2003
Date of filing: plaintiff: contemporaneously herewith
defendant: contemporaneously herewith
(b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
Related claims pending: None. All economic claims have been settled.
(a) Date of service of the notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary:
By plaintiff: contemporaneously herewith
By defendant: contemporaneously herewith
VERIFICATION
I verify that the statements made in this praecipe are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
§4904 relating to unsworn falsification to authorities.
Date
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
HYONSO PAK,
OF CUMBERLAND COUNTY
STATE OF PENNA.
Plaintiff
VERSUS
MICHA PAK,
Defendant
N o. 03-906 civil
DECREE IN
DIVORCE
AN~ ~ow,~ ~--' ~0~,__ o~"( ~ '
DECREED THAT ~hl~ p~ , PLAINTIFF,
MICHA PAK
AND , 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;
None. The Separation and Property Settlement Ag'reement entered into by the
parties on July 11, 2003, shall be incorporated but not merged into this
document.
By THE :
/._%L - ~ROTHONOTARY