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IN
THE
COURT
OF
COMMON PLEAS
OF CUMBERLAND
STATE OF _
Mai_Th_Tra?
Plaintiff
Va:,us
..... Phap. Ky Tran
COUNTY
PENNA.
N <?... 9 ... yvW ................ 19
DECREE IN
DI VORCE
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AND NOW, . ,October, • , • 1G........... 19.99.... it is ordered and
decreed that ... Mai T.hi Tran plaintiff,
and ............... Rh-!P. KY. Tran............. .............. , 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•
e
.. . .....None ...
. . .............................. .? .. ..............
Q M The Co t j
Attest: _.J
Prothonotary
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HAROLD C IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 2433090
ATTORNEY FOR PLAINTIFF
MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAN, : NO. 99 - 4044 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following Information, to the court for entry of a divorce
decree:
Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On or about July 10, 1999, defendant was
served by certified mail, restricted delivery, with a copy of the divorce complaint. See Affidavit of Service
filed by plaintiffs counsel on August 9, 1999.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by Section 3301 of the
Divorce Code: By the plaintiff: October 13, 1999
By the defendant: October 13, 1999
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: N/A ; and (2) Date of filing and service of the plaintiffs affidavit
upon the defendant: N/A
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: N/A
(b) Date plaintiffs Waiver of Notice in Section 3301 Divorce was filed with the
Prothonotary: October 15, 1999
Date defendants Waiver of Notice i Section 3301 Divorce was filed with the
Prothonotary: OctoAer 15, 1999
October 15, 1999
Attorney for
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HAROLD 4. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-0090
ATTORNEY FOR PLAINTIFF
MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. I CIVIL ACTION - LAW
PHAP KY TRAN, I NO. 99 -? CIVIL TERM
Defendant : IN DIVORCE
NOTICE
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 in 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 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, Cumberland County Courthouse, 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
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3168
MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY i-RAN, : NO. 99 - qD4 CIVIL TERM
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION
3301(c) OF THE DIVORCE CODE
NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files
this complaint in divorce against the defendant, representing as follows:
1. The plaintiff is Mai Thi Tran, an adult individual residing at 852 Hamilton
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Phap Ky Tran, an adult individual residing at 1100 Joe
Wheeler Drive, Apartment 32, Tuscumbia, Alabama 35674-4115.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania
for a period of at least six months prior to the filing of this complaint in divorce..
4. The plaintiff and the defendant were married on June 28, 1991, in Carlisle,
Cumberland County, Pennsylvania.
5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the
grounds upon which this action is based that the marriage between the parties is
irretrievably broken.
6. The plaintiff avers that she has been advised of the availability of
counseling and that he has the right to request that the court require the parties to
participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between
the two parties.
I verify that the facts contained herein are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to auth rities.
May /`S, 1999 ?Ae1-
MAI THI TRAN, Plaintiff
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HAROLD S. IRWIN,
Attorney for Plaintiff
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
MAI THI IRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAN, : NO. 99-4044 CIVIL TERM
Defendant : IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVI'T'
The plaintiff, 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. 1 understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, 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.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
May/ r1999 1999 /! / . , '
MAI THI TRAN, Plaintiff
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAN, : NO. 99 - 4044 CIVIL TERM
Defendant : IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed in this matter on or about July 2, 1999 and served upon the defendant on or about
July 10, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
October , 1999 (cam
MA(THI TRAN
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAM, : NO. 99 - 4044 CIVIL TERM
Defendant : IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed in this matter on or about July 2, 1999 and served upon defendant by certified mail
on July 10, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904 relating to unsworn falsification to authorities.
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October 13, 1999 " -
PHAp KY T?R 4N
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
?• : CIVIL ACTION • LAW
PHAP KY TRAN, : NO. 99 •4044 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(D) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 understand that 1 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.
Section 4904 relating to unsworn falsification to authorities.
October 13,1999 2c 44
MAI THI TRAN
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAM: : NO. 99 - 4044 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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.
Section 4904 relating to unsworn falsification to authorities.
October 13,1999
PHAP TRA
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
PHAP KY TRAN, : NO. 99.4044 CIVIL TERM
Defendant : IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The Plaintiff, 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 r ny spouse and i participate in
counseling.
2. 1 understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, 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.
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.
October 13, 1999
MAI THI TRAN
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MAI THI TRAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION . LAW
PHAP KY TRAN, : NO. 89 - 4044 CIVIL TERM
Defendant : IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, 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. 1 understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, 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.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
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October 13, 1999 0 Q4 -7
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IRWIN LAW OFFICES
30 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
MAI THI TRAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
PHAP KY TRAN, : NO. 99.4044 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(11)
NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above
captioned action in divorce.
2. That a certified copy of the complaint in divorce was served upon the
defendant on or about July 10, 1999, by certified mail "restricted delivery", addressed to
him at 1100 Joe Wheeler Drive, Apt 32, Tuscumbia, Alabama 35674-4115, certified
mail, return receipt No. Z 126 560 907.
3. That a copy of the sender's receipt and signed receipt for certified mail is
attached hereto.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904, relating to unsworn falsification to authorities.
August 6, 1999 -
Harold S. I In, III
Attorney for laintiff
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