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HomeMy WebLinkAbout08-6154LIEU THI-NGOC PRAM, PLAINTIFF vs. TOAN HOANG NGUYEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. J)V- ( IV CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 LIEU THI-NGOC PHAM, PLAINTIFF VS. TOAN HOANG NGUYEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. D ?- 4 /5q CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301W OF THE DIVORCE CODE AND NOW, comes the Plaintiff, LIEU THI-NGOC PRAM, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is LIEU THI-NGOC PHAM, an adult individual, who resides at 7314 Jervis Street, Springfield, Virginia, 22151. The Plaintiff has resided in Virginia for three (3) months and prior to that resided in Cumberland County, Pennsylvania for over six (6) months. 2. Defendant is TOAN HOANG NGUYEN, an adult individual, who resides at 1208 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on July 25, 1998. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. 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. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, QUYEN DINH NGUYEN, born on March 30, 1998 and LUC DAC NGUYEN, born on February 18, 2008. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, LIEU THI-NGOC PRAM, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. thereto. COUNT H - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 31046W) anti 3323(b) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME AGE SEX DATE OF BIRTH QUYEN DINH NGUYEN 10 years Male March 30, 1998 LUC DAC NGUYEN 7 months Male February 18, 2008 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WTTH WHOM ADDRESS FROM / TO Plaintiff and Defendant Mechanicsburg, PA March, 2003 to June, 2008 Plaintiff 7314 Jervis street June, 2008 to Present Springfield, VA 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, LIEU THI-NGOC PHAM, requests this Honorable Court grant Plaintiff, LIEU THI-NGOC PHAM and TOAN HOANG NGUYEN, Shared Legal Custody of the minor children, QUYEN DINH NGUYEN and LUC DAC NGUYEN and grant Plaintiff, LIEU THI-NGOC PHAM, Primary Legal Custody of the minor children, QUYEN DINH NGUYEN and LUC DAC NGUYEN and Defendant, TOAN HOANG NGUYEN, Partial Physical Custody, of the minor children, QUYEN DINH NGUYEN and LUC DAC NGUYEN. Dated: October z 2008 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candi , sqi Counsel for P1 ntff PA I.D. # 64 8 4010 Gl Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: Lel? LIEU THI-N C PHAM 70 P "6/? *t ? S, Lr) wa Oa a -?L s ?" LIEU THI-NGOC PHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6154 CIVIL ACTION LAW TOAN HOANG NGUYEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 13, 2008 _ at 10:30 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/ Hubert X. Grlro 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 r, G?t`1Vrty f. t n? ? S' . 4% LIEU THI-NGOC PHAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 20084154 CIVIL ACTION LAW TOAN HOANG NGUYEN, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE/CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on November 2, 2008, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Lieu Thi-Ngoc Pham, Plaintiff in the above-captioned matter. 3. On October 27, 2008, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7008 0500 0001 6796 2605, and addressed to the Defendant, Toan Hoang Nguyen, 1208 Gross Drive, Mechanicsburg, PA, 17050. 4. The return receipt card signed by the Defendant, Toan Hoang Nguyen, showing a date of service of October 28, 2008, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. D and 3. Akio oomplete A. SOMA M ? 4 i Mary is desk -,I X O Awat • Print your Harris and address an the reverse O AddooM eD that we conrnlom the card to you. S. PAC~ (PMnEad AUrrrry C. Date of ¦ Attach frat rd to the back of the nrcipiaoe /\! u z or on #* awe permits D. b ddvary add?aes dtUuarx fRtm Rem l? Oyes 1. Arddo Addressed wo: K YES, Anter.0**"y blow O No ` 3. SeMos I ype ?J (? O canned rm o bg ion Mal [3 Reg*etered O Rstum Reoelpt for Momtwidbe P O awed Mal O C.O.D. 4. Restricted DeNaery? #6*m Foo O Yes Z A*bNumbar 7008 0500 0001 6796 2605 tirwwlerAom esrwks waaaaaaa?ruo Exhibit "A" K1.i'L4 wLCD CA -C LIEU THI-NGOC PRAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TOAN HOANG NGUYEN, NO. 2008-6154 Defendant IN CUSTODY COURT ORDER AND NOW, this I I day of November, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. c _r ter. P LIEU THI-NGOC PHAM, PLAINTIFF VS. TOAN HOANG NGUYEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6154 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is LIEU THI-NGOC PRAM, 7314 Jervis Street, Springfield, Virginia, 22151. The Defendant (hereinafter sometimes referred to as "Father") is TOAN HOANG NGUYEN, who currently resides at 1208 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. QUYEN DINH NGUYEN, born on March 30, 1998 and LUC DAC NGUYEN, born on February 18, 2008, are the subjects of this Stipulation for Agreed Order of Custody and are the natural children of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, LIEU THI-NGOC PHAM, and Defendant, TOAN HOANG NGUYEN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, QUYEN DINH NGUYEN and LUC DAC NGUYEN. 2. All decisions affecting their children's growth and development including, but not limited to: medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. This does not mean either parent may dictate to the other parent the style of parenting, the evMday activities and decisions made by the parent with custody of the children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom their children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Father must take the necessary actions with the providers to receive copies of all medical reports, academic and school report cards, etc. Both parents may and are encouraged to attend day care and/or school conferences and activities. The Father's name shall be listed with the day care and/or school as the alternative parent able to pick up the children, to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Plaintiff shall have Primary Physical Custody and Defendant shall have Partial Physical Custody of their minor children, QUYEN DM NGUYEN and LUC DAC NGUYEN according to the following schedule A. Father shall have the children one (1) weekend each month, beginning Friday at the end of the school day when Father shall pick up the children at Mother's residence through Sunday at 12:00 p.m., when Father shall deliver the children to Mother's residence. Father shall share with Mother the weekend which he wants to have visitation with the children a minimum of two (2) weeks prior to the weekend Father wants to visit with the children. Father shall be the caregiver for his children and shall be involved in activities with the children during his weekend. If Father is not able to be the caregiver and be with his children during his weekend, Father shall leave the children with Mother for that weekend or return the children to their Mother; B. The parties shall alternate Thanksgiving Day with Father having visitation on Thanksgiving beginning on the Wednesday before Thanksgiving after school through the Friday after Thanksgiving at 12:00 p.m. Father shall have the children for Thanksgiving in the even numbered years and Mother shall have the children for Thanksgiving in the odd numbered years. C. Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule 2 in the even numbered years and schedule 1 in the odd numbered years. Father shall have Schedule 2 in the odd numbered years and schedule 1 in the even numbered years, to alternate annually thereafter. 1. To begin Christmas Day at 2:00 p.m. through December 26 at 9:00 p.m. 2. To begin Christmas Eve Day at 9:00 a.m. through Christmas Day at 2:00 p.m. D. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; E. Father and Mother shall each have the option to request up to four (4) consecutive or non-consecutive weeks of vacation during the summer. Father and Mother shall provide each other with a minimum of sixty (60) days notice, in writing, when they want to have the children for their vacation periods. The party who makes the request for their vacation time first shall have that vacation time; F. Father shall have reasonable telephone interaction with the children. Mother shall support Father's ability to have telephone interaction with his children. G. Mother shall cooperate with Father to establish an email account for Father to communicate via email with the children. H. Father may not engage in any form or type of gambling while in the presence of his children, nor may Father take either of the children to any location where any form or type of gambling is occuring. I. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 11. If for a reason beyond their control, a party does not have their children for their scheduled visitation, that same party shall be entitled to additional time equal to the time they did not have their children from the time of the other party. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 13. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 14. Mother and Father agree to provide each other with current information, (i.e. the name, location and telephone number of the day care provider) regarding the day care provider and any other individuals and/or activities in which their children are in the care of an adult other than an activity within their children's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 15. Father shall provide all transportation for visitation with the children. 16. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: i I r ?Z- 5 , 2008 DATED: I 1 10 - , 2008 SS: 1 LIEU PHAM TOAN HOANG G YEN fl- On this, the AS- day of lrvo ? e"y , 2008, before me, a Notary Public for the /--ti f ' C6 t=26 , the undersigned officer, personally appeared LIEU THI-NGOC PHAM, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN , I have set my hand and notarial seal. 2 rc'a '• P U lao Notary Public My Commission Expires: 0 2- 00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF rv? SS: On this, the 0 dT-L ay of 2008 before me, a Notary Public, the undersigned officer, personally appeared TOAN HOANG NGUYEN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. 00- WATM Notary Public NoTARUI My Commission Expires: - - Q--0 l 9, ? Ic sMrrfl, NoTARrPUeL1C SILVER SPRING TWP., CUMBERLAND COUNTY MY COMMISSION EXPIRES FEBRUARY 3, 2D18 C M C--t 'Y7 g f =- co ; ! h e. DE-3 p g 2D,13 (? LIEU THI-NGOC PRAM, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-6154 CIVIL TERM TOAN HOANG NGUYEN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this t' day of 2008, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, LIEU THI-NGOC PHAM, and Defendant, TOAN HOANG NGUYEN, shall SHARE LEGAL CUSTODY and Plaintiff, LIEU THI-NGOC PHAM, shall have PRIMARY PHYSICAL CUSTODY and Defendant, TOAN HOANG NGUYEN shall have PARTIAL PHYSICAL CUSTODY of their minor children, QUYEN DINH NGUYEN and LUC DAC NGUYEN, in accordance with the language contained in the within Stipulation. BY THE COURT, c 6P?. J. 10 o.-o ?' ?;. •?.?? .. _ ??, ? - ->? f ?,?~. °??-- `?' ??? ? '?, wr', ?7 `?, ?, `J. J-\ + "1 ?.?"{ D LIEU THI-NGOC PRAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 20084154 CIVIL ACTION LAW TOAN HOANG NGUYEN, CIVIL ACTION - LAW DEFENDANT ACTION FOR DIVORCE/CUSTODY AFFIDAVIT F CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2008. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ?y o?1 -0 DATE LIftJ THI- C PHAM ff"[ L?_° 't ! rVt Pil d• 5 v LIEU TM-NGOC PRAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2008-6154 CIVIL ACTION LAW TOAN HOANG NGUYEN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE/CUSTODY 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. 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. osi -v`I - DATE LIEU THI GOC PHAM fitL,- l.li _ # V LIEU TM-NGOC PRAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-6154 CIVIL ACTION LAW TOAN HOANG NGUYEN, CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2008. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 4 -d,5- o DATE TOAN HOANG NGUYEN IAL ED-C'( F C., 20 ,53 MAY --4 it .? 03 a ? . CU O LIEU THI-NGOC PRAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 200&4154 CIVIL ACTION LAW TORN HOANG NGUYEN, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE/CUSTODY WAIVER O? F NO'T'ICE OF INTENTION TO REQUEST ENTRY OF A HIV, VM DECREE UNDER SE,_ fflN MI(c) OF DIVQRCE 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. 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATE TOAN HOANG NGUYEN ((''?? rt FILED l„) qt }' i HT: r r ?" a r Y :i C0 6s .00 MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this-8; day of 20099 by and -L)l-, A CL --, between LIEU NGOC-THI PRAM and TOAN HOANG NGUYE . RECITALS Wife's Birthday and Social Security Number: Husband's Birthday and Social Security Number: Date of Marriage: Place of Marriage: July 25, 1998 Harrisburg, PA xxx-xx-3881 xxx-xx-7267 June 19, 1978 August 9,1976 Last Marital Residence: 16 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17050 Date of Separation: June 30, 2008 Children: QUYEN DINH NGUYEN, born on March 30, 1998 LUC DAC NGUYEN, born on February 18, 2008 Pending Court Proceedings: None Divorce Court of Common Pleas No. 2008-6154 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE 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 deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein.ADDITIONAL INSTRUMENTS 4 Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILIT'Y AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Toan Hoang Nguyen, at 1208 Gross Drive, Mechanicsburg, Pennsylvania, 17050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. QWABLE DISTRIB E 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rigs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2003 Toyota Matrix, titled in Wife's name alone, shall hereafter be the sole and exclusive property of Wife. There are no loans on this vehicle. Wife agrees to be solely responsible for all payments, insurance, loans, and all other expenses associated with this vehicle. B. The 2004 Kia Sorrento, titled in Husband's name alone, shall hereafter be the sole and exclusive property of Husband. There is a loan on this vehicle in Husband's name alone with Pennsylvania State Employee Credit Union. Husband agrees to be solely responsible for the loan on this vehicle with the Pennsylvania State Employee Credit Union. Wife shall waive all right, title and interest she may have in this vehicle. Husband agrees to be solely responsible for all payments, insurance, loans, and all other expenses associated with this vehicle. C. The parties agree to execute any documents necessary to effectuate the provisions of this paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties had joint checking and savings accounts with Pennsylvania State Employees credit union. Husband and Wife have agreed Wife's name shall be removed from this account. Husband and Wife will execute any documents necessary to remove Wife's name from this account. Husband will keep this account open, in his name alone, to accommodate his vehicle loan. Wife specifically waives, releases, renounces and forever abandons any claims which she may have with respect to this account. The parties had joint savings account with PNC for their son, this account has been closed. Wife has opened new checking and savings accounts with M&T Bank. Husband specifically waives, releases, renounces and forever abandons any claims which he may have with respect to this account. The funds in this account shall hereafter be the sole and exclusive property of Wife. Wife has opened new checking account with BB&T Bank. Husband specifically waives, releases, renounces and forever abandons any claims which he may have with respect to this account. The funds in this account shall hereafter be the sole and exclusive property of Wife. Husband has opened new checking account with M&T Bank. Wife specifically waives, releases, renounces and forever abandons any claims which she may have with respect to this account. The funds in this account shall hereafter be the sole and exclusive property of Husband. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. LIFE INSURANCE Husband has life insurance through his employer. Husband agrees to name the children as equal beneficiaries of his life insurance with Wife as the trustee for the proceeds from his life insurance policy for their children. Wife agrees to specifically release and waive any and all interest, claim or right she has in Husband's life insurance policy. 5. RETIREMENT INTEREST Wife Wife has a 401 k through T. Rowe Price. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's 401k through T. Rowe Price. Husband Husband has a retirement account through his employer, Pennsylvania State Government. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's state retirement account. 6. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value The parties jointly owned a residence at 16 Bayberry Drive, Mechanicsburg, Pennsylvania, 17050, which they have sold. The mortgage and all costs and expenses for the house were paid with the proceeds from the sale of the house. Any monies remaining after the sale of the house were used to pay for marital debt. 8. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Husband has a loan on the Kia Sorrento through Pennsylvania State Employee Credit Union. This loan is in Husband's name alone. Husband shall be responsible for the payment of this loan. 2) Husband has the following credit accounts in his name alone: Union Plus Credit; American Express; Capitol One; and Chase. Husband shall be responsible for the payment of these credit card accounts. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. De, f nWon: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, AND ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various tunes in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification 10 of the terms of this Agreement 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. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax returnfrom the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife shall each be responsible for their individual counsel fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. L-d"- LIEU TH GOC PHAM WIFE TOAN MANG NGUYEN HUSBAND 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the-Ain- day of April , 2009, before me, a Notary Public to the , the undersigned officer, personally appeared LIEU TM-NGOC PHAM, known to me or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand pd notarial seal. ., N tary Public NOVIRK ?iAl Commission Expires: LINDA A CuO1FR= Nokn RM HAMPM W. GNYN WND CNN MV CWWft*M b0"Jun 21.2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 2r? Lo i ? On this, the AL*" day of 6p ri 1 , 2009 before me, a Notary Public, the undersigned officer, personally appeared TORN HOANG NGUYEN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand .9d notarial seal. ^ NO1A K NK N tary-Public uNDA A CW1F[l1>0Z Commission Expires: Not" PUM HAMPM M. CIOAMMIAND OW My C*Mn*don bipka Jun 21. W o Zj, Lo i D 12 LIEU TM-NGOC PRAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 20084154 CIVIL ACTION LAW TOAN HOANG NGUYEN, CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE/CUSTODY WAIVER OF RIGUr TO COUNSEL FO MARITAL PROPERTY SETTLEMENT AGREEMENT action. I, TOAN HOANG NGUYEN, do hereby acknowledge that I am the Husband in this divorce I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. Date: 2009 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND TOAN HOANG NGUYEN SS: On this, the 5th day of 1'1 1 _, 2009, before me, a Notary Public, the undersigned officer, personally appeared SUSAN Y CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when TOAN HOANG NGUYEN whose name is subscribed to the within Waiver of Right to Counsel, executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han official Seal. AOUA NOTAR_U ?EEAL N Public UN DA A CLOSQ1fi! M Commission Expires: NOfory PLftc ,? wu Zt, ZO i 0 HAMPDEN 7W. CUMUNLAW CNIV My Conxnhgon EXPkw Jun 21, 2010 EXHIBIT "A" x A JAR IkS Q3TjjltQ,,) A :rid': LIEU THI-NGOC PHAM, PLAINTIFF vs. TOAN HOANG NGUYEN, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2008-6154 CIVIL ACTION - LAW ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Toan Hoang Nguyen, received and signed the Receipt of Certified Mailing of the Divorce Complaint on October 28, 2008. Said Receipt of the service of the Divorce Complaint by certified mailing was filed with the Cumberland County Prothonotary on November 4, 2008. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: April 4' , 2009 Defendant: April 25th , 2009 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. 1 certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(?c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on April 4 , 2009 by the Plaintiff and on April 25d' , 2009 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April 30, 2009 u Kay Candiel , uire Counsel for Plainti PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 FILED--G'IT ;E OF THE PPRr"n-+nNn- TAPY 2009 MAY --7 PM 3: G6 { PEP4NSYLV M LIEU THI-NGOC PHAM V. TOAN HOANG NGUYEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N4. 2008-6154 DIVORCE DECREE AND NOW, it is ordered and decreed that LIEU THI-NGOC PHAM , plaintiff, and TOAN HOANG NGUYEN , 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.") By the Court, 4z A st: J. j 4E%ou, MMO rothonotary )3 ?qoL, " ?m