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HomeMy WebLinkAbout07-3974FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, V. BRADLEY A. WEVODAU Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -WW C t c, Z I,TERM, 2007 NO. IN DIVORCE NOTICE TO DEFENDANT YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Page 1 of 1 . ®r 4' -fO (DUr? FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, V. BRADLEY A. WEVODAU Defendant. COMPLAINT IN DIVORCE Plaintiff, by her attorney, Feng Li, Esq., respectfully represents: 1. Plaintiff is Aiping Wevodau who currently resides at 140 Winthrop Road, Edison, New Jersey. 2. Defendant is Bradley A. Wevodau who currently resides at 1161 Cross Creek Drive, Mechanicsburg, the County of Cumberland, the Commonwealth of Pennsylvania. 3. 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 (6) months immediately preceding the filing of this Complaint. 4. The parties were married on April 11, 2005, at Las Vegas, Nevada. Attached to this Complaint as Exhibit "A" is the copy of the marriage certificate. 5. There are no children born from this marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Page 1 of 8 TERM, 2007 NO. D ?- j97y IN DIVORCE I ? 10 allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There were two divorce actions committed by Defendant approximately in the year of 1983 and the year of 2003. 8. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(1) OF THE DIVORCE CODE 9. The prior paragraphs of the Complaint are incorporated herein by reference as though set forth in full. 10. Defendant has committed willful and malicious desertion, forbidding Plaintiff enters the marital residence where the both Plaintiff and Defendant reside, claiming that Defendant has an extra-marital fair with another woman. 11. Plaintiff is the innocent and injured spouse. 12. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(1) of the Divorce Code. Page 2 of 8 i COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff avers that in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania, Defendant has committed adultery. 15. Plaintiff is the innocent and injured spouse. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(3) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant, by his actions, has inflicted cruel and barbarous treatment upon Plaintiff, endangering the life or health of Plaintiff, who is the injured and innocent spouse. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(3) of the Divorce Code. Page 3 of 8 . • • • COUNT IV REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiffs condition intolerable and life burdensome. 22. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT V REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 24. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Page 4 of 8 A COUNT VI REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 25. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 26. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 27. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 28. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT VII REQUEST FOR SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 30. Plaintiff is unable to sustain herself during the pendency of the divorce action. 31. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment in accordance with the standard of living established Page 5 of 8 during the marriage. WHEREFORE, Plaintiff respectfully requests that the Court enter an award of spousal support and/or of alimony pendente lite until the termination of litigation and, at the appropriate time, enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT VIII REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1), 3323(b) AND 3702 OF THE DIVORCE CODE 32. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 33. Plaintiff has engaged Feng Li, Esquire to represent her in this cause. 34. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 35. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court orders Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Page 6 of 8 VERIFICATION AIPING WEVODAU verifies that the statements made in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsification to authorities. A I P /N We vd apt AIPING WEVODAU Dated: uKe ($7001 Page 8 of 8 ?? FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, v BRADLEY A. WEVODAU Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. TERM, 2007 IN DIVORCE NOTICE TO DEFENDANT YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Page 1 of 1 ;zR cn -;4 ? W ?o w a C'? cn . tV C= C'3 ?A c.n ui 0 TI m r- -a m 7- ti 1? CL?o 4 I • COUNT IX REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND ENFORCEMENT AND/OR MODIFICATION THEREOF UNDER SECTIONS 3104(a) AND 3105(a) OF THE DIVORCE CODE 36. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 37. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 38. Although no written settlement agreement has been entered into between the parties as of the date of the filing of this Complaint, in the event that a written settlement agreement is entered prior to the final disposition of this action, Plaintiff desires that such written settlement agreement be approved by the Court and enforced and/or modified by the Court pursuant to § 3105(a) of the Divorce Code. WHEREFORE, if a written settlement agreement is reached between the parties prior to the final disposition of this action, Plaintiff respectfully requests that, pursuant to Sections 3104(a) and 3105(a) of the Divorce Code, the Court approve and enforce and/or modify such agreement and grant such additional relief or remedy as equity and/or justice require. Date: 1 I Feng Li, Esq. Attorney for Plaintiff Page 7 of 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A, n W g vod am Plaintiff Vs Defendant File No. 07 39 74' IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] 7`( _ prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of D ig 4 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: Y? Yvv P in VV" y Signature A Signature of name being resumed COMMONWEAL OF ) oK ?? COUNTY OF AIM On the r?-Z%ay of A'tVL L , 200 ' ?, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public Abbry PA*Afc saw of ANw J"W 91n?" p K aw My CORW"I on aWNrs 01/1&20!.? d ?. f iJ 00 ?^e T}, Q?'?Cd R'? V 8t& 1,C# H ??A9kH£iSt fa C ?`}f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIPING WEVODAU, Plaintiff ) V. ) NO. 2007-3974 CIVIL TERM BRADLEY A. WEVODAU, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 29, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301L1 OF THE DIVORCE CODE 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 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 above 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: Bradley A. We dau, Defendant t? ?? ;; ; ' : : ?. , ? ? ?? ?{?? ?- ??, . b' 4' }=` _ ?. ^iM ..?,.. FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY A. WEVODAU 07-3974 CIVIL TERM, 2007 IN DIVORCE AFFIDAVIT OF CONSENT OF PLAINTIFF Defendant AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The complaint of divorce with one of cause of actions under section 3301 ( c) was filed with this Court in July, 2007. 2. The marriage is irretrievably broken and 90 days have been elapsed from the date of filing of the Complaint. 3. 1 consent that the Court enter a Decree of Divorce pursuant to Section 3301( c) of the divorce Code. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no claim them before a divorce is granted except the rights I have from MARITAL SETTLEMENT AGREEMENT. Page 1 of 2 At ft% 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: p Sr A?t'L-?- AIPING WEVODAU, PLAINTIFF Before me a Notary public, thisA 2008, came AIPING WEVODAU, known to me and identified to me, and she swore to me that she has made this affidavit and believes it to be true in all respects. MM" Padit so* Of Now J"W SMwftp K Now My COM Nsslon Explns 01/1&MI Page 2 of 2 _ .=a < a? i'?, r s- .. - ? _'? ?, ? ? ? ?s?. MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRADLEY A. WEVODAU AND AIPING WEVODAU MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made and entered into this L( day of 2008, by and between AIPING WEVODAU, residing at 140 Winthrop Road, Edison, New Jersey (hereinafter referred to as "Wife," and collectively with "Husband" as the "the parties"); and BRADLEY A. WEVODAU, residing at 1161 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband," and collectively with "Wife" as the "the parties"). WITNESSETH: WHEREAS, the parties were married on April 11, 2005, in Las Vegas, Nevada and said marriage still subsists; WHEREAS, the parties have no children between them; WHEREAS, causes of actions for divorce have arisen between the parties as amlunciated in the complaint of divorce filed by Wife, they have been and intend to continue living separate and apart; WHEREAS, in light of the parties' separation, they hereby desire to enter into an agreement dealing with their respective financial and property rights, together with all other rights, remedies, privileges and obligations which have arisen out of their marriage. The parties agree that their future relations shall be governed and fully prescribed by the terms of this Agreement (hereinafter referred to as "the Agreement"); WHEREAS, the parties have each disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS, Wife having been represented by the law firm of Fen Li with offices located at 1719 Route 10 East, Suite 318, Parsippany, New Jersey 07054-4500, and Husband having been represented by his counsel, Donald T. Kissinger, Esquire, Howett, Kissinger & Holst, P.C., 130 Walnut Street, Harrisburg, PA 17101. NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained it is agreed by and between the parties as follows: ARTICLE 1 SPOUSAL SUPPORT AND MAINTENANCE 1.1 ALIMONY. Husband will pay the total sum of Twenty Thousand Dollars ($20,000.00) in alimony to Wife, with the sum of Five Thousand Dollars ($5,000.00) payable to Wife at the time of execution of this Agreement, and the sum of One Thousand Dollars ($1,000.00) per month payable to Wife for fifteen (15) consecutive months after execution of this Agreement. These alimony payments shall be non-modifiable in duration or amount, it being understood by the parties that they waive any right to modify the terms of the alimony in a court of law or equity. Said payments shall terminate only upon the first to occur of one of the following: (1) Death of Wife; or (2) Death of Husband. Said payments shall be paid by Husband directly to Wife. With regard to federal income tax consequences, such payments shall be fully taxable as income to Wife, and fully deductible by Husband. 2 Other than the foregoing, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to any further alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 1.2 INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowners', etc., and neither shall have any obligation to pay any of the other's unreimbursed, uncovered health-related expenses. ARTICLE II EQUITABLE DISTRIBUTION 2.1 MARITAL RESIDENCE. The parties acknowledge that during the marriage they resided at the premises located at 1161 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence") (A) Contemporaneously with the execution of this Agreement, Husband shall become the sole and exclusive owner of the Marital Residence, and all contents thereof, and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby 3 waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. (B) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. 2.2 AUTOMOBILES. (A) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the automobile currently in her possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (B) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the automobiles currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or 4 interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (C) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. 2.3 BANK AND FINANCIAL ACCOUNTS. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against same now or in the future. 2.4 RETIREMENT PLANS, 401(K) PLANS, IRAS AND DEFERRED SAVINGS PLANS. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(K) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. The parties agree to retain possession and ownership of such property as same is presently titled. 2.5 STOCKS AND BONDS. The parties agree to mutually waive, release and relinquish any and all right, title and interest either may have to any stocks, stock plans and bonds presently titled in the other party's name. The parties agree to retain possession and ownership of such property as same is presently titled. 2.6 PERSONAL EFFECTS. The parties represent and acknowledge that each party's tangible personal effects such as clothing and jewelry, etc., have been previously distributed between them to their mutual satisfaction. 2.7 ASSETS NOT SPECIFICALLY MENTIONED HEREIN. To the extent any asset acquired during the parties' marriage is not specifically mentioned or distributed herein, the parties agree to equally divide and distribute same at a future date. 2.8 ASSETS ACQUIRED SUBSEQUENT TO EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled to their individual name or in the name of another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 3.1 MARITAL DEBT. The parties represent that there are no joint debts for which either may be liable. The parties agree to each be responsible for paying any debt heretofore or hereafter acquired in their individual names and neither shall seek any contribution from the other toward the payment of same. In the event either party may be called upon by a creditor or the other to satisfy a debt of the other, the indebted party shall promptly defend, indemnify and hold the other harmless from the creditor's actions. 6 3.2 CREDIT ACCOUNTS. To the extent that either party may presently have in his or her possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such cards at any time, now and in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. ARTICLE IV TAXES 4.1 TAX RETURNS. The parties agree to file separate federal income tax returns for the year 2007. ARTICLE V COUNSEL AND LITIGATION FEES AND COSTS 5.1 COUNSEL AND LITIGATION FEES AND COSTS. The parties understand and agree that each shall assume and be responsible for the payment of his or her own attorneys' fees and costs incurred in connection with the negotiation and preparation of this Agreement, and each agrees to defend, indemnify and hold the other harmless from any obligation that may have arisen in connection with their said attorneys' fees and costs. ARTICLE VI RECONCILIATION 6.1 RECONCILIATION. Subject to any possible superseding written agreement between the parties, notwithstanding the parties' possible reconciliation, all provisions contained in this Agreement, executory or not, shall nonetheless be binding upon the parties and each shall 7 have an affirmative obligation to fulfill his or her respective obligations to the other as defined herein. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Wife has been represented by FENG LI, with offices at 1719 Route 10 East, Suite 318, Parsippany, New Jersey 07054-4500 and Husband, having been represented by Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101, at all stages during the negotiation, drafting and entry into this Agreement. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement, and with this understanding, each executes same voluntarily, of his or her own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. 7.2 NON-MOLESTATION AND INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation and after the divorce. Each shall be free from interference, direct or indirect, by the other, and be entitled to live his or her life as if single and unmarried to the other. 7.3 VOLUNTARY EXECUTION. The parties acknowledge and represent that this Agreement is fair and reasonable under the circumstances and that it is not the result of any 8 fraud, duress or undue influence exercised by either party or any third party upon either of them, and that each executes same voluntarily and of his or her own free will. 7.4 NO BAR TO DIVORCE; NO MERGER. Nothing in this Agreement shall be construed as a relinquishment by either party of his or her right to prosecute or defend any suit to dissolve the instant marriage in any court of proper jurisdiction. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of the parties' property are accepted by each party as a final settlement for all purposes whatsoever. Should either of the party's obtain a decree, judgment or order of separation or dissolution of marriage in any other state, county or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or dissolution of marriage 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any judicial decree, judgment or order of separation or dissolution of marriage. 7.5 FURTHER ASSURANCES. Each of the parties, from time to time, at the request of the other, shall execute, acknowledge and deliver to the other any and all further instruments and take such steps which may be reasonably required to give full force and effect to the provisions of this Agreement. 7.6 WAIVER OF CLAIMS AGAINST ESTATE ETC. Except as may be herein contained to the contrary, upon the effective date of this Agreement each party may dispose of his or her property in any way, and each party waives, relinquishes and releases any and all rights 9 he or she may now have or may hereafter acquire under the present or future laws of any jurisdiction to share in the property or estate of the other as a result of the marital relationship including, but not limited to, dower, curtesy, equitable distribution, statutory allowances, widower's and/or widow's allowance, homestead rights, right to take by intestate distribution, right to take against the Last Will and Testatment of the other, right to act as administrator(trix) or executor(trix) of the other's estate, or any community property rights whatsoever. 7.7 WAIVER OF FURTHER DISCOVERY. The parties acknowledge their understanding that each has been advised by his or her respective counsel of each party's right to obtain and take advantage of the panoply of discovery tools available to litigants in a court proceeding including, but not limited to, Interrogatories, Depositions, Requests to Produce, an examination of the books and records of the other party, and the procurement of independent valuations of the assets possessed and/or controlled by the other, etc., prior to the execution of this Agreement. Each party expressly represents and agrees that he or she is sufficiently familiar with the income and assets of the other and hereby knowingly, freely and voluntarily waives his or her right to further utilize the foregoing discovery tools for purposes of negotiating the terms and conditions of this Agreement. The parties further acknowledge that without the benefit of full and complete discovery, neither party's counsel has opined or rendered advise concerning the fairness and/or equitable nature of the parties' settlement. The parties nonetheless deem the instant Agreement fair and reasonable under the circumstances. 7.8 NEGOTIATED SETTLEMENT. The parties acknowledge that the settlement terms reflected in this Agreement represent a compromise and negotiated settlement, and that 10 each has actively participated with the assistance of independent counsel in the preparation of this Agreement. 7.9 MUTUAL RELEASES. Except as may be herein contained to the contrary, each party hereby releases and discharges, and by this Agreement does for himself or herself, and his or her legal heirs, representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever, in law or equity, that either party ever had or now has against the other, except for any and all causes of action for dissolution of marriage and/or post judgment enforcement applications to a court of competent jurisdiction. 7.10 ENTIRE UNDERSTANDING. This Agreement contains the entire understanding of the parties. There are no representations, warranties, covenants or undertakings other than those as expressly set forth herein. 7.11 MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective when and only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 7.12 SITUS. The place(s) of execution of this Agreement shall have no bearing on the law governing its interpretation, it being understood and agreed by both parties that the Agreement shall be construed and governed in accordance with the laws of the Cornmonwealth of Pennsylvania, exclusive of conflicts of law principles. Additionally, the drafting of this Agreement by the attorneys for Wife shall have no bearing on the interpretation of same. 11 7.13 SURVIVORSHIP. This Agreement shall inure to the benefit of both parties, their heirs and assigns forever and shall be binding upon said parties, their heirs and assigns forever except as otherwise stated herein. 7.14 REVIEW OF AGREEMENT. The parties acknowledge that each has read and reviewed this Agreement in its entirety, with his or her respective counsel, prior to execution. 7.15 AGREEMENT AS EVIDENCE. This Agreement may be offered into evidence by either party in any action or proceeding of any nature in which the same may be material or relevant. 7.16 ARTICLE AND SUB-PART HEADINGS. The headings of the several articles and sub-divisions of this Agreement are inserted solely for the convenience of reference and shall have no further meaning, force or effect. 7.17 COMMUNICATION INFORMATION. For so long as any provision contained herein remains unfulfilled, each party agrees to keep the other informed of his or her residence and telephone number or of such other places or telephone numbers where he or she may readily receive communications. 7.18 SEVERABILITY. Should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, all other provisions shall nonetheless continue in full force and effect. 7.19 NON-COLLUSION." The parties represent and acknowledge that there have been no collusive agreements whatsoever made either orally or in writing, or any representations made by one party to the other with respect to the procurement of a decree dissolving the parties' marriage, or with respect to restraining or inhibiting the other from contesting or litigating any 12 pending or future matrimonial action or compliance application incident to the enforcement of the terms of this Agreement. 7.20 EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement shall be the date on which same is fully executed by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year written below their respective names. Signed,,Sealed and Delivered in the Presence of. WITNESS T S E1JAZ ANGEL Notary Public State of NOW Jerky My CMMIU10h Exores D" 17, 2012 Mr2 I WPvc AIP G VODAU /; ? L ?' r, ? x B LEY A. V DAU 13 ease;. woo "(. Watt Via,; al a, ' e,ac3 ? ?iqx +??ute.fn: ? YM ST ATE OF NTP117 JEP SEV R1 COUNTY OF / BEFORE ME, the undersigned authority, on this day personally appeared AIPING WEVODAU known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of /9 as 2008. AWL ELJAt Notary Public in an r t**Nv PWOC State of New Jersey Mato of ?' jWhY Typed or printed name of Notary: My Con""" ExPWns D*c 17, 2012 .? e.? My commission expires: 12 -/ 7 -201 2- 14 'skkIzj t1314r :wO.J19 V10064 uoa?v?, ?ty#44 fv- A+a4 §s?!? 6 ? ;?!eCs .%a?t.tjK3 i:tsFad:rtt(HF:'? ? 1 C OMiv!ONWEAI- H OF PENNSYLVANIA } COUNTY OF fnc.tn<<. ) BEFORE ME, the undersigned authority, on this day personally appeared BRADLEY A. WEVODAU known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 11A4 v-J- , 2008. Notary Public in a for Commonwealth of Pennsylvania Typed or printed name of Notary: Da 10"-Ilk My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DONNA J. KNISELY, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 28, 2008 15 C`? ^a CD C ?? VA Commonwealth of Pennsylvania Case Number: 07-3974 CIVIL TERM Plaintiff: Aiping Wevodau vs. Defendant: Bradley A. Wevodau For Law Offices of Feng Li County of Cumberland Common Pleas Court Received by Pennsylvania Professional Process Svc. to be served on Bradley A. Wevodau, -I=, Noe -1 A. i+-?ygL _? ?,r Q. being duly sworn, depose and say that on the e-"Way of 20p Z at 04 m., executed service by delivering a true copy of the Notice to _endant; Complaint in Divorce in accorce with state statutes in the manner marked below: XINDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () NON SERVICE: For the reason detailed in the Comments below. lSub n and m to before me on the UQ day Of I A -f+ , ?? by?he affant who is per ally k me. / / ROCESS SERVER Appointed in accordance with State Statutes ts. /' Pennsylvania Professional Process Svc. COMMONWEALTH OF PENNSYLVANI/48 W High St. Notarial Seal .O. Box 1148 Donelle L. Trimble, Notary Public arliale, PA 17013 Carlisle Boro, Cumberland County 00) 863-2341 My Commission Expires Sept. 1, 201o ur Job Serial Number: 2007000358 Member, Pennsylvania Association of Notaries AFFIDAVIT OF SERVICE CopyriW ®1992-2W6 Database Services, Inc. - Proem Servals Toolbox V5.51 I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. D. Mail Only; No Insurance Coverage Prowdei ff Ln For delivery information visit our website at www.usps.comi, ti IAL USE Q M1 Postage $ M-An 0284 Certified Fee O 09 Postmark O (Endorserrm renf R?equirred) Here Restricted Delivery Fee Q? p (Endorsement Required) OQ to y r-I Tow Po-n. A C3 $3.45 cc $W# To Donald Kissinger, Esq. °c3 130 Walnut Street P.O. Box 810 Y*s ligi Harrisburg, PA 17108 N CD ? R! .J FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY A. WEVODAU Defendant 07-3974 CIVIL TERM, 2007 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: § 3301(a)(1), (2), (3), and (6) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was personal served on July 16, 2007. The AFFIDAVIT OF SERVICE is attached here as Exhibit #1. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff attached here as Exhibit #2; by defendant Aril 24, 2008. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Page 2 of 3 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 a copy of which is attached: March 28, 2008. See Exhibit #3 for the NOTICE OF INTENTION. See Exhibit#4 for the certified mail receipt from U.S. postal office. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: Attorney for Plaintiff Page 3 of 3 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 07-3974 CIVIL TERM Plaintiff: Atping Wevodau vs. Defendant: Bradley A. Wevodau For: Law Offices of Feng Li County of Cumberland Common Pleas Court Received by Pennsylvania Professional Process Svc. to be served on Bradley A. Wevodau. A. I,- .T? ;T«;AY2 being duly swom, depose and say that on the j ?<"-day of : - L , 20 c 2 at executed service by delivering a true copy of the Notice to efendant; Complaint in Divorce in acco rdarice with state statutes in the manner marked below: 1j INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () NON SERVICE: For the reason detailed in the Comments below. Sub ' ri and worn to before me on thet-CC2day ROCESS SERVER Of n b 4he afriant who Is Appointed in accordance pers ally k me. with State Statutes 'n?6 Pennsylvania Professional Process Svc. NOTARY PUBLI COMMONWEALTH OF PENNSYLVANIA48 W. High St. Notarial Seal Jur O. Box 1148 Donelie L. Trimble, Notary Public arlisle, PA 17013 Carlisle Boro, Cumberland County 00) 863-2341 My Commission Expires Sept. 11, 2010 Job Serial Number: 2007000358 Member, Pennsylvania Association of Notaries Copyright ®1992-2005 Database Services, Inc. - Process server's Toolbox V5.5i I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, V. BRADLEY A. WEVODAU Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07-3974 CIVIL TERM, 2007 IN DIVORCE NOTICE TO DEFENDANT YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Page 1 of 1 allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There were two divorce actions committed by Defendant approximately in the year of 1983 and the year of 2003. 8. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(1) OF THE DIVORCE CODE 9. The prior paragraphs of the Complaint are incorporated herein by reference as though set forth in full. 10. Defendant has committed willful and malicious desertion, forbidding Plaintiff enters the marital residence where the both Plaintiff and Defendant reside, claiming that Defendant has an extra-marital fair with another woman. 11. Plaintiff is the innocent and injured spouse. 12. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(1) of the Divorce Code. Page 2 of 8 COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff avers that in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania, Defendant has committed adultery. 15. Plaintiff is the innocent and injured spouse. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(3) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant, by his actions, has inflicted cruel and barbarous treatment upon Plaintiff, endangering the life or health of Plaintiff, who is the injured and innocent spouse. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(3) of the Divorce Code. Page 3 of 8 COUNT IV REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301'a)(6) OF THE DIVORCE CODE R 20. The prior paragraphs of this Complaint are incorporated herein by reference as ;h ugh forth in full. 21. Defendant has offered such indignities to Plaintiff, who is innocent and injur spouse, so as to render Plaintiffs condition intolerable and life burdensome. Cf 22. This action is not collusive as defined by Section 3309 of the Divorce','odf-. GW WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT V REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301( F THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 24. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Page 4 of 8 ( COUNT VI REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 25. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 26. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 27. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 28. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT VII REQUEST FOR SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 30. Plaintiff is unable to sustain herself during the pendency of the divorce action. 31. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employnncnt in accordancc with the standard of living cstablished Page 5 of 8 during the marriage. WHEREFORE, Plaintiff respectfully requests that the Court enter an award of spousal support and/or of alimony pendente lite until the termination of litigation and, at the appropriate time, enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT VIII REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1), 3323(b) AND 3702 OF THE DIVORCE CODE 32. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 3 3. Plaintiff has engaged Feng Li, Esquire to represent her in this cause. 34. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 35. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court orders Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. Page 6 of 8 COUNT IX REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND ENFORCEMENT AND/OR MODIFICATION THEREOF UNDER SECTIONS 3104(a) AND 3105(a) OF THE DIVORCE CODE 36. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 37. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 38. Although no written settlement agreement has been entered into between the parties as of the date of the filing of this Complaint, in the event that a written settlement agreement is entered prior to the final disposition of this action, Plaintiff desires that such written settlement agreement be approved by the Court and enforced and/or modified by the Court pursuant to § 3105(a) of the Divorce Code. WHEREFORE, if a written settlement agreement is reached between the parties prior to the final disposition of this action, Plaintiff respectfully requests that, pursuant to Sections 3104(a) and 3105(a) of the Divorce Code, the Court approve and enforce and/or modify such agreement and grant such additional relief or remedy as equity and/or justice require. Date: u 1 ! p Feng Li, Esq. Attorney for Plaintiff Page 7 of 8 VERIFICATION AIPING WEVODAU verifies that the statements made in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsification to authorities. I 1IV UIWC2 V J *t AIPING WEVODAU Dated: Tt"t Q C ? fZq Page 8 of 8 ?' , RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 WEVODAU AIPING (VS) WEVODAU BRADLEY A Case Number 2007-03974 Received of PD FENG LI ATTY IM Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 416.50 Check#k .00 .00 416.50 Receipt Date 7/02/2007 Receipt Time 14:57:38 Receipt No. 194812 945 ---- n.gtrihutinn Of PavmPnt ---------------------------- -------------------- Transaction Description DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG AUTOMATION FEE JCP FEE ADD'L COUNTS _. FEE -D'L COUNTS j,?P FEE ADD'L COUNTS JCP FEE Payment Amount 55.00 CUMBERLAND CO GENERAL FUND .50 BUREAU OF RECEIPTS AND CONTROL 8.00 CUMBERLAND CO GENERAL FUND 250.00 CUMBERLAND CO GENERAL FUND 10.00 BUREAU OF RECEIPTS AND CONTROL 5.00 CUMBERLAND CO AUTOMATI ON FUND 10.00 BUREAU OF RECEIPTS AND CONTROL 16.00 CUMBERLAND CO GENERAL FUND 10.00 BUREAU OF RECEIPTS AND CONTROL 16.00 CUMBERLAND CO GENERAL FUND 10.00 BUREAU OF RECEIPTS AND CONTROL 16.00 CUMBERLAND CO GENERAL FUND 10.00 BUREAU OF RECEIPTS AND CONTROL 416.50 EXHIBIT #2 EXHIBIT #3 FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, V. BRADLEY A. WEVODAU 07-3974 CIVIL TERM, 2007 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE Defendant To: Donald Kissinger, Esq. Attorney for Defendant 130 Walnut Street P. O. BOX 810 Harrisburg, PA 17108 Plaintiff intends to file with the court the attached Praecipe to Transmit Record on or after April 2, 2008 requesting that a final decree be entered. March 27, 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Feng Li, Esq. Attorney for Plaintiff Page 1 of 3 FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, V. BRADLEY A. WEVODAU Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 07-3974 CIVIL TERM, 2007 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: § 3301(a)(1), (2), (3), and (6) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was personal served on July 16, 2007. The AFFIDAVIT OF SERVICE is attached here as Exhibit #1. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff ; by defendant (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: Page 2 of 3 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 a copy of which is attached: March 28, 2008. See Exhibit #2 for the NOTICE OF INTENTION. See Exhibit#3 for the certified mail receipt from U.S. postal office. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: G Attorney for Plaintiff Page 3 of 3 t AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 07-3974 CIVIL TERM Plaintiff: Aiping Wevodau vs. Defendant: Bradley A. Wevodau For: Law Offices of Feng Li County of Cumberland Common Pleas Court Received by Pennsylvania Professional Process Svc. to be served on Bradley A. Wevodau, - n vet Q. being duly sworn, depose and say that on the 1 _?"?day of 4-:Z , 20 at executed service by delivering a true copy of the Notice to efendant; Complaint in Divorce in accordance with state statutes in the manner marked below: Xj INDIVIDUAL SERVICE: Served the within-named person. () SUBSTITUTE SERVICE: By serving as () NON SERVICE: For the reason detailed in the Comments below. Sub ' ri and worn to before me on the L(- day ROCESS SERVER of r--"A 1-CA 11 b Jhe affiant who is Appointed in accordance perso ally k me. with State Statutes ?` Pennsylvania Professional Process Svc. N ARY PUBLI COMMONWEALTH OF PENNSYLVANIA48 W. High St. Notarial Seal .O. Box 1148 Donelle L. Trimble, Notary Public arlisle, PA 17013 Carlisle Boro, Cumberland County 00) 863.2341 My Commission Expires Sept. 11, 2010 ur Job Serial Number: 2007000358 M-Prnbor, Pennsylvania Association of Notaries CopyrigN ®1992-2005 Database Services, Inc. - Process Server's Tooibox V5.5i I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. EXHIBIT #4 i .. . 4 Ln , (Domestic Mail Only, No Insurance Coverage Provide# tr Ln Iffil. ru ? Postage $ Certlfied Fee 09 O O Return Receipt Fee (Endorsement Required) PO Here C3 Restricted Delivery Fee (Endorsement Required) So 00 , O Total Pont- R cme to 3entTO Donald Kissinger, Esq. C3 sera 130 Walnut Street r` or °B°P Box 810 O GSPS . ; . Harrisburg, PA 17108 Or -W? FENG LI, ESQ. ATTORNEY I.D. 94820 ATTORNEY FOR PLAINTIFF 1719 ROUTE 10 EAST, SUITE 318 PARSIPPANY, NJ 07054 (973) 590 5110 Fax:(973) 605 1166 AIPING WEVODAU Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY A. WEVODAU 07-3974 CIVIL TERM, 2007 IN DIVORCE AFFIDAVIT OF CONSENT OF PLAINTIFF Defendant AFFIDAVIT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The complaint of divorce with one of cause of actions under section 3301 ( c) was filed with this Court in July, 2007. 2. The marriage is irretrievably broken and 90 days have been elapsed from the date of filing of the Complaint. 3. I consent that the Court enter a Decree of Divorce pursuant to Section 3301( c) of the divorce Code. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no claim them before a divorce is granted except the rights I have from MARITAL SETTLEMENT AGREEMENT. Page I of 2 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: 47, J AIPING WEVODAU, PLAINTIFF Before me a Notary public, this 2008, came AIPING WEVODAU, known to me and identified to me, and she swore to me that she has made this affidavit and believes it to be true in all respects. Notary Public State of N.J. Jos* N. Quagliata My Commission Expires 10/0212011 Page 2 of 2 ,sddd4 f ooio'i. ?..?; gel '}1F.t?' tf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _ZpTti?? UUUoI) A VERSUS No. 07-3971 2.00 DECREE IN DIVORCE AND NOW, i 10.y z?D , IT IS ORDERED AND DECREED THAT / I I i-If IIt/?D Aq PLAINTIFF, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS Nnr YET BEEN ENTERED; SI T71E T BY THE COURT: - ,A, --? - ATTEST: ^ J PROTHONOTARY fiw 7- L -s lp4V .t `"A