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HomeMy WebLinkAbout08-1055DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO- STEPHEN TUI NIU, ©?' I6S S Gtvr 1` ?«n. Defendant IN DIVORCE NOTICE TO DEFEND 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY FLOWER & LINDSAY 26 West High Street Carlisle, PA Marylob'MEi s, Esquire Attorney Id: -84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0,F - to 55 ?.! Tic.- STEPHEN TUI NIU, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Dreon E. Olivetti, an adult individual, residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Stephen TO Niu, an adult individual, residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 4, 2002 in San Souci, New South Wales, Australia. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has FI? RR & L IlVDS" 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT I - EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT II - CUSTODY 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. The Plaintiff is Dreon E. Olivetti, an adult individual, residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. She lives alone. 12. Stephen TO Niu, an adult individual, residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He lives alone. 13. Plaintiff seeks custody of the following children: Angelina J. N. Olivetti, born December 8, 2001, and Maika J. T. Niu, born January 9, 2004. Angelina J. N. Olivetti was born out of wedlock. Maika J. T. Niu was not born out of wedlock. The children presently in the custody of Plaintiff and Defendant who reside at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the children have resided with the following persons and at FLOWER & LENDS" 26 West High Street Carlisle, PA the following addresses: Name Address Dates Dreon E. Olivetti and Stephen TO Niu Dreon E. Olivetti and Stephen Tui Niu 399 West Marble Street Mechanicsburg, Pennsylvania 201 East Simpson Street Mechanicsburg, Pennsylvania June 2003 to June 2007 June 2007 to present The mother of the children is Dreon E. Olivetti, currently residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. The father of the child is Stephen Tui Niu, currently residing at 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married. 14. The relationship of Plaintiff to the children is that of Mother. 15. The relationship of Defendant to the children is that of Father. 16. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff can best provide for the children's spiritual, physical and emotional welfare. 18. Each parent whose parental rights to the children have not been terminated FLOWER ? LUNDSAY 26 West High Street Carlisle, PA and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the children. SAIDIS, FLOWER & LINDSAY lVf? ( lY,r? r? Maryl -Mat ,Esquire Attorney Id. 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER & LINDSAY MURNMI-AW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Dreon E. Olivetti Date: ?)/S/Q SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA G? o F -1- 0 C') o a b ra - t C-D n ? o c i ? r DREON E. OLIVETTI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1055 CIVIL ACTION LAW STEPHEN TUI NIU IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 20, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueAne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t t ?? ,_ 1..3 DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-1055 STEPHEN TUI NIU, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, being duly sworn according to law, hereby deposes and says that on February 16, 2008 she served a true and correct copy of Complaint in Divorce upon STEVEN TUI NIU, by mailing those documents to the his address at 201 East Simpson Street, Mechanicsburg, PA 17055 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, STEVEN TUI NIU. Respectfully submitted, SAIDIS, FWNVER & LINDSAY 26 West High Street Carlisle, PA Dated: 'Z/ I Z Z-/ 0?5 SAIDIS, FLOWER & LINDSAY 1. 4am?g-vlq"k'9 Mar tas, Esqu' Attorney .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ---` ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse .. so OW we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: "5e:? he n I u- I AU LLB (3C)I EO-64 &-'u_'7 5 c n . I ?1??'hQf?r`CS??-e??? PP 1`loSS X 13 Agent _ ? Addressee B. Name)" C. Dafe'of Delivery 'tW E D. Is dekwy address different from item 1? ? Yee If YES, enter delivery address below: *No 3. Service Type 'KCertlffed Mail O Express Mail ? Registered 0 Return Receipt for Merchandise 0 Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Ar Number 7004 1350 0003 7286 2149 (fnta 3nsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 1025"-M-1540: t ? C_..'7 %I _ .. ? ? (.Y 1-.-. ? ? ? `rJ _ l_.. r f . .r., y` :1`f"t -- -?-' }=> :'fi't 1 j_. .ti DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff _ CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEPHEN TUI NIU, NO. 08-1055 Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Stephen TO Niu, accept service of the Complaint in Divorce in the above- captioned matter. 2 Date Stephen Tui Niu SAM?WER IS ? LENDS" 26 West High Street Carlisle, PA Gea r CD DREON E. OLIVETTI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1055 STEPHEN TUI NIU, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this 25th day of February, 2008, between DREON E. OLIVETTI, of 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as Wife, and STEPHEN TUI NIU, of 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 4, 2002 in San Souci, New South Wales, Australia; R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 08-1055 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children, Angelina J. N. Olivetti, born December 8, 2001, and Maika J. T. Niu, born January 9, 2004, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be 1 NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered to be a material breach of this Agreement and shall entitle the other party, at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 201 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Husband shall convey the property to Wife upon execution of this Agreement by special warranty deed. Said deed shall be held in escrow by Marylou Matas, Esquire until such time as the affidavits of consent have been executed and filed and the property refinanced as set out below. From the date that Husband moves from 2 the residence and forward, Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. Wife shall refinance said mortgage obligation within five years of the date of this agreement at which time the escrow deed shall be released to him or her. In the event the parties reside together, the parties shall share equally all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. Also at the time of execution of this Agreement, Husband shall sign a limited Power of Attorney so as to allow Wife to obtain new financing or to sell the real estate or otherwise remove Husband's name from the aforesaid mortgages. Husband's name shall not be attached to any additional liens or encumbrances on this real estate. In the event Wife sells the real estate, Wife shall receive all proceeds. Husband waives any and all interest he has in this home from the date of execution of this Agreement. If Wife should predecease Husband, all interest in the property shall pass to Wife's estate. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: Bank of America, approximately $15,000.00 Each party shall assume half of the aforesaid credit card debt in the amount of $7,500.00 each. Wife shall continue to maintain payments to Bank of America by making timely monthly payments in at least the minimum amount required by the creditors. Husband shall deposit $300.00 into the parties' joint bank account held at New South Wales Credit Union no later than 3 the tenth day of each month. Wife shall be responsible for forwarding that payment to the Bank of America in addition to the monthly payments she shall make. Husband shall make those $300.00 payments beginning in the month following the date of execution of this Agreement and continuing for 24 consecutive months. In the event that Husband fails to make a payment or is in default for more than five days, Wife shall institute an alimony action at Domestic Relations to which Husband shall not defend. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 15, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this Agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) RETIREMENT: Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's pension and retirement account as well as other accounts that Wife may have in her individual name or may have secured through her 4 present or prior employment. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension and retirement account as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Each party acknowledges that they have annuities through their prior residence in Australia. Each party waives, relinquishes and transfers any and all of their right, title or interest he or she may have in the other party's annuity as well as any Social Security interest earned in the United States. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (8) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (9) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Angelina J. N. Olivetti, born December 8, 2001, and Maika J. T. Niu, born January 9, 2004, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Mother shall have primary physical custody of the children subject to Father's visitation at 5 times as the parties may agree. (10) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support and maintenance of their minor children, the sum of Four Hundred ($400.00) Dollars per month which payment shall be made in two equal installments due the first (1st) and fifteenth (15th) of each month. Wife shall provide insurance coverage for so long as she is eligible to do so. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (11) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. With the exception of Wife's right to file for alimony as detailed in paragraph 4(a), each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, Esquire. Husband has reviewed this Agreement and has had the opportunity to have the provisions of this Agreement and their legal effect explained to him by counsel, but has chosen to proceed on his own without legal representation and is entering into this Agreement of his own free will. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any 6 improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the 7 wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; 8 C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 9 (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: L K'- Dreon E. Olivetti Step . n TO Niu 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the bl V L day of leb-ucc-r-? , 2008, before me, the undersigned officer personally appeared DREON° E. OLIVETTI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. (SEAL) Title of Officer NOTARIAL A BARBARA L STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June T, 2011 ?... ? r t r,. rr7 ;. MAR 2 4 2008rr DREON E. OLIVETTI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1055 CIVIL ACTION - LAW STEPHEN TUI NIU, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, M- cq ne M. Verney, Esquire, Custody nciliator r-a -r DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-1055 STEPHEN TUI NIU Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed February 19, 2008. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. Date: 5 E/? C Dreon E. Olivetti PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 (c) OF THE DIVORCE CODE 1. 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court FLONVIER SAMIS, LENDS" 26 West High Street Carlisle, PA 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 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. Date: S c?a b Dreon E. Olivetti MAY 2 3 2008 r` N3 77 I-T-; co w DREON E. OLIVETTI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-1055 STEPHEN TUI NIU, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed February 19, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have eiapseo from cite dace of finny and service c f the %"'u nplaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. Date: ! 2 ' ! 2 , G' $ Stephen Tui Niu DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERS 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. ?. ! ^derstand that I ma,! loco rights rnnr..erning alimony. division of property. lawver'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 FWNVER SAWIS, LINDSAY 26 West High Street Carlisle, PA 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 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. Date: Step an Tui Niu sZ ?f; r_. DREON E. OLIVETTI, Plaintiff V. CIVIL ACTION - LAW NO. 2008-1055 STEPHEN TUI NIU, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on February 16, 2008, via by certified restricted mail. Proof of service was filed with the Court on February 22, 2008. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE By Plaintiff: May 22, 2008 and filed with the Prothonotary on May 28, 2008. By Defendant: December 12, 2008 and filed with the Prothonotary on December 29, 2008. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated February 25, 2008. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: May 22, 2008 and filed with the Prothonotary on May 28, 2008. By Defendant: December 12, 2008 and filed with the Prothonotary on December 29, 2008. SAIDIS, FLOWER & LINDSAY A„CWE15.APLAW 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY ?"?(' "a &4,A64T,?, h, . (4i Marylou<Matas, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff ?> ' • -°z ? -. P`! . , ; Y.d ????-_. r? _.. . •,. s i ?.e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DREON E. OLIVETTI V. STEPHEN TUI NIU : NO 2008-1055 DIVORCE DECREE AND NOW, it is ordered and decreed that DREON E OLIVETTI plaintiff, and STEPHEN TUI NIU , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") VIDKQ, The terms of the Separation and Property Agreement dated February 2511 2008 are incorporated, but not merged, into this Decree in Divorce. By the TVII/ *r f "ti