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Home My WebLink About99-03501 now" . I . All M 2 V s ?t i ?J11 lzj? 11 c MINDY S. GOODMAN ATTORNEY-AT LAW 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110 TELEPHONE FAX (717) 540-8742 (717) 540-8743 JUSTINE T. NGUYEN, Plaintiff V. NICK H. TRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3s 6y CIVIL 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 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 Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JUSTINE T. NGUYEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- CIVIL NICK H. TRAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted deve presenter una apariencia excrita o en persona o por abogado y archivar en to corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demands. Usted puede perder dinero o sus propiedades o otros derechos importanates pars usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JUSTINE T. NGUYEN, Plaintiff V. NICK H. TRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-35o/ CIVIL CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, JUSTINE T. NGUYEN, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, JUSTINE T. NGUYEN, is an adult individual who currently resides at 2107 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, NICK H. TRAN, is an adult individual who currently resides at 2107 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17055, but receives his mail at 6311 Forest Drive, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff's Social Security Numbers is 586-36-6825. 4. The Defendant's Social Security Number is 181-60-7712. 3 5. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The Plaintiff and Defendant were married December 18, 1997, in Newport, Perry County, Pennsylvania, and separated on May 22, 1999. 7. The Plaintiff avers that there are two children bom of the parties under the age of 18, namely: Name: Date of Birth: Nathan V. Tran October 17, 1995 Nicolas V. Tran August 15, 1998 8. The Plaintiff avers that she is presently pregnant with the parties' third child and the anticipated due date is November of 1999. 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 10. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. § 3301(c) or, in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 11. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 4 12. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree of Divorce in her favor. COUNTI EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until May 22, 1999, the date of their separation. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests Your Honorable Court to equitably divide all marital property. COUNT II ALIMONY PENDENTE LITE SUPPORT. COUNSEL FEES AND EXPENSES 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference as though set forth in full. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 18. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 19. Plaintiff's income is not sufficient to provide for her reasonable needs and pay attorneys' fees and the cost of this litigation. 20. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests Your Honorable Court to compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT III ALIMONY 21. Paragraphs 1 through 20 of this Complaint are incorporated herein by reference as though set forth in full. 22. Plaintiff lacks sufficient property to provide for her reasonable needs. 23. Plaintiff is unable to sufficiently support herself through appropriate employment. 24. Defendant has sufficient income and assets to provide continuing support for Defendant and to pay her alimony. WHEREFORE, Plaintiff requests Your Honorable Court to compel Defendant to pay Plaintiff alimony. Respectfully submitted, Mindy S. G oilman Attorney at Law Attorney I.D. No. 78407 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: ("7 - - q7 It V?