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Home My WebLink About03-4438CHIEN-LING SU : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 0.3 WEN-CHIN LIN, Defendant : CIVIL ACTION - LAW : 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 at 1 Courthouse Square, Carlisle, PA 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, PA 17013 (800)990-9108 or (717)299-3166 su\complaint Agy CHIEN-LING SU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - ?"7 ? ?? V ?C 6 1 WEN-CHIN LIN, Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Chien-Ling Su, who currently resides at 506 Francis Drive, Mechanicsburg, Cumberland County, PA 17050 since July 2002. 2. Defendant is Wen-Chin Lin, who currently resides at 506 Francis Drive, Mechanicsburg, Cumberland County, PA 17050 since July 2002. 3. Both Defendant and Plaintiff have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on November 12, 1993 in Tainan, Taiwan Province, R.O.C. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The marriage of the parties is irretrievably broken. 10. After two (2) years have elapsed from the date of separation, Plaintiff intends to file her Affidavit of having lived separate and apart. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed her Affidavit, Plaintiff respectfully requests that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Plaintiff and Defendant are the owners of marital property which is subject to equitable distribution by this Court. WHEREFORE, Defendant requests the Court equitably distribute the parties' marital property. CUSTODY 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. The Plaintiff is Chien-Ling Su and is currently residing at 506 Francis Drive, Mechanicsburg, PA 17050. 16. The Defendant is Wen-Chin Lin and is currently residing at 506 Francis Drive, Mechanicsburg, PA 17050 17. Plaintiff seeks primary physical and shared legal custody of Chih-Yang Lin born April 29, 1995 and who currently resides at 506 Francis Drive, Mechanicsburg, PA 17050. 18. The child was not born out of wedlock. 19. The child is presently in the custody of both parents. 20. From approximately April 1995 to August 1997, Chih-Yang Lin resided with Chien-Ling Su and Wen-Chin Lin at 2F, No. 13, Alley 66, Lane 311, Nanya Street, Hsinchu City, Taiwan. From approximately September 1997 to December 2000, Chih-Yang Lin resided with Chien-Ling Su at #402, 444 Lunalilo Home Ro., Honolulu, Hawaii 96825. From approximately January 2001 to June 2002, Chih-Yang Lin has resided with Chien-Ling Su and Wen-Chin Lin at 558 Frost Drive, Hummelstown, PA 17036. From July 2002 to the present, Chih-Yang Lin has resided with Chien-Ling Su and Wen-Chin Lin at 506 Francis Drive, Mechanicsburg, PA 17050. 21. The mother of the child is Chien-Ling Su and she currently is residing at 506 Francis Drive, Mechanicsburg, PA 17050. She is married. The father of the child is Wen-Chin Lin and he is currently residing at 506 Francis Drive, Mechanicsburg, PA 17050. He is married. 22. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with Wen-Chin Lin and Chih- Yang Lin. 23. The relationship of Defendant to the child is that of father. The Defendant currently resides with Chien-Ling Su and Chih- Yang Lin. 24. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court. 25. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 26. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 27. The best interest and permanent welfare of the child will be served by granting the relief requested because Chien-Ling Su has been the primary caretaker of Chih-Yang Lin since birth and significant bonding has occurred between Chien-Ling Su and Chih-Yang Lin. 28. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court grant to her primary physical and shared legal custody of Chih-Yang lin. YOFFE & YOFFE, P.C. By /'''y' EFFREY'N. YOFFQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: /'G??v? _ Chien Ling Su r O C O C") c:? r`' o v 7? (?n)) CHIEN-LING SU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : N0. 03-4438 Civil Term WEN-CHIN LIN, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO REINSTATE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please reinstate the complaint filed in the above captioned action. YOFFE & YOFFE, P. C. By /?EFFREYkN. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ?, ? cr ? _- ? __, : ? : r -r-I'n "U G' G7 L,'_7 ?_?7 r? y,.,? _ _ r`.? CHIEN-LING SU : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-4438 WEN-CHIN LIN, Defendant : CIVIL ACTION - LAW DIVORCE PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the above captioned action settled, discontinued and ended without prejudice. YOFFE & YOFFE, P.C. By XL" Jeffrey N. Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net rl I f -'..: CHIEN-LING SU : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4438 WEN-CHIN LIN, Defendant : CIVIL ACTION - LAW DIVORCE PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark as striken the praecipe to discontinue I filed on November 2, 2007. Thereafter, please mark the above captioned action voluntarily discontinued without prejudice. YOFFE & YOFFE, P.C. By W Jeffre N. Yoffe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net ' r Q C=l it 7f { t n -