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! IN THE COURT OF COMMON PLEAS g
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1<) 99
1461
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,TRINH THAI,
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DECREE IN
DIVORCE
AND NOW. .. . A \J,~,I,l.~t.. .l.~.. .., ...., 19 ,'l,~... it is ordered and
decreed that... .~.~: ,~~.........,...,......,..,...,..,....., plaintiff.
and, . ... TRINH THAI. "". .. , , ., . ... . . " . . " . . . . , . ., ,. " ." ,... defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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MARRIAGE SEITI.EMENT AGREEMEN1:
AGREEMENT made this 281h day of July, 1999, by and between BAO NGUYEN RO,
hereinafter called 'HUSBAND', and TRINH MONG THAI, hereinafter called .WIFE';
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on April 18, /993, in the
City of Harrisburg, County of Dauphin, Commonwealth of Pennsylvania; and
WHEREAS, differences have arisen between HUSBAND and WIFE which have caused
them to live separate and apart; and
WHEREAS, there is presently a divorce action pending between the parties docketed at
No. 99-/46/, Court of Common Pleas of Cumberland County, Pennsylvania; and
WHEREAS, the parties have reached a resolution concerning distribution of marital
property, and other issues;
Now, THEREFORE, each party intending to be legally bound hereby does agree as
follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This agreement shall not be considered an affect or bar on the legal right of HUSBAND
and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter
exist or to such defense as may be available to either Party, This Agreement is not intended to
condone 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 occasioned the disputes or unhappy
differences which have occurred prior to or which may occur subsequent to the dale hereof. The
parties intend to secure a mutual consent, No Fault Divorce pursuant 10 the terms of section
.
3301(d) of the Divorce Code of 1980 as amended.
l. PERSONAL RIGIITS
It shall be lawful for HUSBAND and WIFE at all times hereinaftcr to live separate and
apart from each other, and to reside from time to time at such place or places as they
respectfully deemed fit, free from any control, restraint or interference, direct or indirect, by
each other. Neithcr party shall molest the olher, nor compel the other or cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provision shall not be taken to be
an admission on the part of eithcr HUSBAND or WIFE of causes leading to their living apart.
~ PERSONAL TV
The parties acknowledge that HUSBAND will be retaining certain items of household
goods and furniture as both parties mutually agree. All other household goods and furnishings
shall be owned by WIFE. HUSBAND and WIFE shall continue to own and enjoy, free from
any claim or right to the other, all of his or her personal effects, such as clothing, jewelry,
books, and the like, wherever located.
~ AUTOMOBILES
WIFE shall retain the 1996 Honda Passport vehicle and shall be responsible for the
payments on the vehicle, HUSBAND agrees to transfer title and registration of said vehicle as
well as pay the necessary fees for said transfer, Furthermore HUSBAND agrees to pay WIFE
ONE HUNDRED AND FIFTY DOLLARS ($150.00) per month until said car is paid off.
HUSBAND shall retain the 1993 Honda Accord and any and all debts which may be owed on
this vehicle as well as maintain insurance on it,
2 of 10
6, 1993, and a daughter, MAIKA HO, born September 24, 1997, shall be with W[FE, with
primary residence to be that ofW[FE at2[ 13 Kensington Street, Harrisburg, Dauphin County,
Pennsylvania [7104, HUSBAND is to have visitation rights with the said children at the said
2 [[3 Kensington Street address between the hours of 10:00 a.m. and 6:00 p.m. on the first
Sunday of each month, He may remove either child separately or together from the said 2113
Kensington address only with the WIFE's permission, HUSBAND's visitation rights may not
be delegated or assigned to anyone else without WIFE's permission. W[FE is to raise the
children as she deems fit, free from any control, restraint or interference, direct or indirect, by
HUSBAND,
lL MEDICAL COVERAGE FOR MINOR CHILDREN
W[FE shall be responsible for the medical coverage of the children though her employer.
[f such medical benefits for the children are no longer available to W[FE, HUSBAND, through
his employer, will assume medical coverage responsibility for the children. [fneither W[FE nor
HUSBAND are eligible for medical coverage of the children through their respective employers,
or any other source, such medical expenses will be paid F[FTY PERCENT (50%) by W[FE and
FIFTY PERCENT (50%) by HUSBAND,
HUSBAND shall reimburse W[FE F[FTY PERCENT (50%) of all uncovered medical
expenses incurred by or for the children.
"Medical expenses" includes, but is not limited to, medical, dental, and optical expenses.
12. CHILD SUPPORT
HUSBAND shall pay support for the minor children, Peter and Maika Ho, in the
following manner:
4 of IO
a) The sum of SIX HUNDRED EIGHTY-FOUR DOLLARS AND EIGHT-FIVE
CENTS ($684.85) per month 10 the WIFE, until the children reach the majority of age
18 or graduation from high school whichever is later.
b) Said monthly child support shall be periodically reviewed in order to consider
any changes in income or needs of the children.
c) Parochial or private school expenses, if children attend such schools, shall be
divided equally between HUSBAND and WIFE.
d) College expenses, if children attend, shall be divided equally between
HUSBAND and WIFE.
.u. WIFE'S DEBTS
Except as otherwise provided herein, WIFE hereby warrants and represents that she has
not heretofore incurred any debt or obligation for which HUSBAND now or in the future is or
may become liable. With respect to any such obligation incurred by WIFE, whether solely in
her name or jointly, she agrees to pay same and to indemnify and hold HUSBAND harmless
therefrom, including costs and reasonable attorneys fees.
14. HUSBAND'S DEBTS
Except as otherwise provided herein, HUSBAND hereby warrants and represents that he
has not heretofore incurred any debt or obligation for which WIFE now or in the future is or
may become liable. With respect to any such obligation incurred by HUSBAND, whether solely
in his name or jointly, he agrees to pay same and to indemnify and hold WIFE harmless
therefrom, including costs and reasonable attorneys fees.
5 of 10
~ FuTURE DEBTS
Neither party shall, after the date of this agreement, in any manner incur debts or other
obligations obligating thc other or incurring any debt in the name of the other, and each party
shall indemnify and save harmless the other party of any such debts or obligations, including
costs and reasonable attorneys fees.
M.. WIFE'S RELEASE
WIFE does hereby release, remise, quitclaim and forever discharge HUSBAND and the
estate of HUSBAND from any and every claim that she now has, may hereafter have, or can
have at any time against HUSBAND or against his estate, or any part thereof, whether arising
out any formal contracts, engagements or liabilities of HUSBAND; arising by way of dower or
claim in the nature of dower, widow's rights, or under the intestate law; arising by any right to
take against HUSBAND's will; arising under the Divorce Code of 1980 including any claim for
determination and distribution of property, any claim for alimony, and any claim for attorneys
fees, costs and alimony pendenle lile; or arising by any other nature whatsoever; excepting only
those rights accruing to WIFE under this agreement.
17. HUSBAND'S RELEASE
HUSBAND does hereby release, remise, quitclaim and forever discharge WIFE and the
estate of WIFE from any and every claim that he now has, may hereafter have, or can have at
any time against WIFE or against her estate, or any part thereof, whether arising out any formal
contracts, engagements or liabilities of WIFE; arising by way of dower or claim in the nature
of dower, widower's rights, or under the intestale law; arising by any right to take against
WIFE's will; arising under the Divorce Code of 1980 including any claim for determination and
6 of 10
distribution of property, any claim for alimony, and any claim for attorneys fees, costs and
alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights
accruing to HUSBAND under this agreement.
llL. EFFECT OF DIVORCE DECREE
This agreement shall not be extinguished by any Decree in Divorce issued by the Court
in the pending divorce action, but shall in all respects survive the same and be forever binding
and conclusive upon the parties, and all property either jointly owned, solely owned by
HUSBAND or solely owed by WIFE, shall be distributed in accordance with this agreement and
shall not be affected nor become the subject of any claim for equitable distribution of marital
property under ~401 of the Divorce Code, nor shall any claim be made by either HUSBAND
or WIFE for alimony under ~301 andlor ~501 of the Divorce Code, nor shall any claim be made
by HUSBAND or WIFE for alimony pendente lite, counsel fees or expenses under ~501 of the
Divorce Code, At the option of either party, this agreement shall be incorporated into the
divorce decree or any order of court in the divorce action,
12.. ASSET DISCLOSURE BY THE PARTIES
HUSBAND and WIFE each represent and warrant that he and she have made a full and
complete disclosure to the other of all assets in which each party has an interest. Both
HUSBAND and WIFE acknowledge that they are fully aware of the assets and income of each
other and that they both enter into this agreement fully understanding their respective rights and
responsibilities. Each party has been fully informed as to his or her legal rights and obligations
and acknowledges that he or she entered into this agreement freely and voluntarily without any
duress or undue influence,
7 of 10
ZQ.. AGREEMENT BINDING ON HEIRS
This agreement shall be binding upon and shall inure to the benefit of the parties' heirs,
personal representatives and assigns.
:u.. ADVICE OF AITORNEY
Each party acknowledges that he or she has had the benefit of legal counsel in the
drafting of this Agreement, prior to the execution thereof. Specifically, WIFE has had the
benefit of legal counsel of Allen D. Moyer, Allorney at Law, with the Law Offices Of Leslie
D. Jacobson, Harrisburg, Pennsylvania. HUSBAND has had the benefit of legal counsel of
Cynthia A. Kaylor, Attorney at Law, with the Law Offices of Diveglia & Kaylor, Harrisburg,
Pennsylvania. Each party acknowledges that the terms of Ihis Agreement and the legal effect of
such terms have been explained to them by their respective attorneys, that each party
understands the terms of this Agreement and fully agrees to comply with the terms thereof.
Furthermore, each party acknowledges that this agreement is fair and equitable under the
circumstances.
22. 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,
~ 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
8 of 10
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effect to the provisions of this Agreement. Furthermore each party agrees to execute an Affidavit
of Consent to a Decree in Divorce, pursuant to ~20I(c) of the Divorce Code.
24. LAW OF PENNSYLVANIA ApPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth
of Pennsylvania.
~ No WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated 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 breach of any provision hereof be construed
as a waiver of any subsequent default of the same or similar nature, nor shall it be construed
as a waiver of strict performance of any other obligations herein.
M. BREACH
If for any reason either HUSBAND or WIPE fails to perform his or her obligations
hereunder to the other spouse, and the other spouse incurs any expense thereby (including, but
not limited to, legal fees and costs) in enforcing his or her rights, the non-breaching Party shall
have the right, at his or her election, to sue in law or in equity to enforce any rights and
remedies which the Party may have and the spouse who failed to perform the obligations agrees
to indemnify the other spouse and hold him or her harmless for any and all such expenses,
27. HEADINGS NOT PART OF AGREEMENT
Any heading preceding the text of the several paragraphs and subparagraphs hereof, are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
9 of 10
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EXHIBIT A
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DAO N. 110,
Plaintiff
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IN THE COURT OF COKMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. I 99-1461
TRINH THlII, I
Defendant
IN DIVORCE
~ER~IFIClITE OF SERVIC~
I, Daniel M. IIi1rtman, for DIVEGLIA & KAYLOR, p.e., hereby
certify that on the 26th dilY of March, 1999, I served a true and
correct time-stamped copy of the above-captioned DIVORCE COMPLAINT
via first class mail, postage pre-paid and addressed to the
following:
Law Offices of
I,eslie D. Jacobson, Esquire
ATTN.: ALLEN MOYER, ESQUIRE
8150 Derry street
Harrisburg, 'PA 17111
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Daniel M, lIi1rtman, Paralegal for
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DlIO N. 110, I IN TIIS COURT OF COHHON PLElIS
Plllintltt I CUHDBRLlIND COUNTY, PENNSYLVANIA
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va. I CIVIL lICTION _ LlIlf
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TRINH THlII, I
DOfendant I
I IN DIVORCE
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I, lILLEN HOYER, ESQUIRE, hereby certi fy that I was served a
time-stamped copy of the above-captioned Divorce Complaint by
Cynthia A. Kaylor, Esquira,
attorney for the Plaintiff.
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Allen oyer, Esqu r.
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BAO N. HO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION
No.qq_/~/
- LAW
Civil:
TRINH THAI,
De!endant
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 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.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
prothonotary's Office of Cumberland County Courthouse, carlisle, PA
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER I 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 HELP.
Cumberland county Bar Association
2 Liberty Avenue
carlisle, PA 17013
Cumberland County Courthouse,
Telephone No. (717) 24 -3166
C~ th1a A. Kaylor
Attorney for Plaint'ff
119 Locust Street
Harrisburg, PA 17101
(717) 236-5985
VERIFICATION
Dated:~
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BaoN. Ho (
1 verify Ihalthe statements made in this Complainl are true and correct. 1 understand
thaI false statements herein are made subject 10 the penalties of 18 Pa.C.S. ~ 4904 relating to
unsworn falsification to authorities.
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BAO N. HO, IN THE COURT OF COKKON PLEAS
Plaintiff I CUMBERLAND COUNTY, PEHNS~~VANIA
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v.. I CIVIL ACTION - LAW
I NO. : 99-14111
TRINH THAI, I
Defendant I
I IN DIVORCE
ACCEPTANCE OF SERVICE
I, ALLEN MOYER, ESQUIRE, hereby certify that I was served a
true and correct copy of the Notice of Intention to Request Entry
of S 3301(c) Divorce Decree by cynthia A. Kaylor, Esquire,
attorney for the Plaintiff.
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PHONE:.( 717) 23fHi985
FAX: (717)231-4083
ATtOFlNEYS AT lAW
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IWRSBC.A3. PEtNSVLYNM 17101
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iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANiA
CIVIL ACTION. LAW
NO.: 99-1461
BAO N. HO,
Plaintiff
TRINH THAI,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complainl in Divorce under !i 3301(c) of Ihe Divorce Code was filed on
March 12, 1999.
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. 1 consent to the enlry of a Final Decrees of Divorce after service of Notice
of Intention to Req uest 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. !i
4904 relating to unsworn falsification to authorities.
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BAO N. HO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.1 99-1461
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: IN DIVORCE
VI.
TRINH THAI,
Defendant
CERTIFICATE OF SERVICE
I, Daniel M. Hartman, for DIVEGLIA & KAYLOR, P.C., hereby
certify that on the 26th day of March, 1999, I served a true and
correct time-stamped copy of the above-captioned DIVORCE COMPLAI!l'l'
via first class mail, postage pre-paid and addressed to the
following:
Law Offices of
Leslie D. Jacobson, Esquire
ATTN.: ALLEN MOYER, ESQUIRE
8150 Derry street
HarriSburg, PA 17111
GLIA & KAYLOR,
m.
Daniel M. Hartman, Paralegal for
Diveglia & Kaylor, P.C.
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