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HomeMy WebLinkAbout01-7234HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF NGHIPHUNG QUANG, Plaintiff V. TRAN NGOC THUAN, Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION. LAW : : NO. 0t ~.~ CIVIL TERM : CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divome or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. ^ list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717-249-62O0 NGHIPHUNG QUANG, : IN THE COURT OF COMMON PLEA8 OF Plaintiff V, TRAN NGOC THUAN, Defendant : CUMBERLAND COUNTY, PENN8YLVANIA ; : CIVIL ACTION - LAW ~NO. 0t . ~/CIVIL TERM : CU8TODY COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 d OF THE DIVORCE CODE NOW, comes the plaintiff, Nghi Phung Quang, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, Tran Ngoc Thuan, representing as follows: 1. The plaintiff is Nghi Phung Quang, an adult individual residing at 33 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17012. 2. The defendant is Tran Ngoc Thuan, an adult individual residing at 3995 Jackson Shoal Cimle, Lawrenceville, Georgia 30044. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 20, 1998, in Ho Chi Minh City, Republic of Viet Nam. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a 2 period of at least two years. The parties have lived separate and apart since September, 1999. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the Parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint 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 unswom falsification to authorities. December ~' 2001 HAROL S. IRWIN. III Attorney for plaintiff" 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 NGHI PHUNG QUANG, : IN THE COURT OF COMMON PLEA8 OF Plaintiff V. TRAN NGOC THUAN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : CUSTODY NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 d OF THE DIVORCE COD." 1, The parties to this action separated in September, 1994, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. of 4904 relating to unsworn falsification to authorities. December"~', 2001 NGHI PHUN~]QUANG~O'iaintiff HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF NGHI PHUNG QUANG, Plaintiff TRAN NGOC THUAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN8YLVANIA : : CIVIL ACTION - LAW .. : NO. 0t - 7234 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about January 7, 2002, by certified mail "restricted delivery", addressed to the defendant at 3995 Jacksoin Shoal Circle, Lawrenceville, GA 30044, by certified mail, return receipt No. 7000 1530 0002 4695 8273. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsifi~,~tio/~ authorities. January 14, 2002 !,.../ I Afforney for plffinfi~ I~.Comple~e It~m~ 1, 2, and 3. Also complete ' ::~lem 4 If Restltcted Detlve~ is desired. · I=~,fnt y~ur name and addreee on the reverse ~e-~hat we can return the card to you. · At,ch this card tothe back of the mailpiece, ~on the fro~ if space penmits. c. slg.at~ 'X O Agent D. Iq Ir~umd Mail I"l C,O,D. 0007. $ NGHI PHUNG QUANG, Plaintiff TRAN NGOC THUAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Of - 7234 CIVIL TERM IN DIVORCE pL ANTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior t6 a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April 8, 2002 NGHI PHUNG QUAN~ (~ NGHI PHUNG QUANG, Plaintiff TRAN NGOC THUAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01 - 7234 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Ct 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. 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. Section 4904 relating to unsworn falsification to authorities. April 8, 2002 NGHI PHUNG QUANG, Plaintiff TRAN NGOC THUAN, Defendant IN THE COURT OF COMMGH PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0t - 7234 CIVIL TERM IN DIVORCE PLA_INTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about December 28, 2001 and served upon defendant on or about January 7, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. April 8, 2002 NGHI PHUNG QUANG~ ~' NOHI PHUNG QUANG, : IN THE COURT OF COMMON PLEAS OF Plaintiff V, TRAN NOOC THUAN~ Defendant CUMBERLAND COUNTY, PENNEYLVANIA :~ CIVIL ACTION - LAW : NO. 0'1 - 7234 CIVIL TERM · ' IN DIVORCE ~ DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly swom according to law, depos~'S and says: 1, I have been advised of the availability of m~rriage coun~ling and understand that I may request that the court require that my spouse and I participate in counseling.~ 2. I under~tand that the court maintains a list of marriage counselom in the Prothonotary's Office, which list is available to me upon request.! 3. Being so advised, ! do not request that the court Irequire that my spouse and I participate in counseling pr~or to a divorce d~cme being handed down. I veri~ that the stetements made in this affidavit ar~ true and correct. understand that false ~atements heroin made are subject to ~the penalties of 18 Pa. C,g. $~tion 4004, relating to unsworn falsification to authodtie~. SO'a 00~6+£~+ZIZ e3~O Me] u~t.,tI d¢£:£0 ZO-It-unE NGHI PHUNO QUANG, PMIntiff TRAN NGOC THUAN~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~TY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 0t - 7234 CIVIL : IN DIVORGE DEFENDANT'S AFFIDAVIT OF CI filed in this matter on or about December 28, 2001 and serv~ about January 7, 2002. )NSENT A complaint in divorce under Section 3301(c) of! b~e Divorce Code was upon defendant on or ../~.z~. I.~ , 2002 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi.om the date of the service of the complaint 3. I con~nt to the entry of a final decree in divorce ~ffer service of notice of intention to request entry of the divomo. ~ veriht that the statements made in this affidavit a~e tree and correct. I undemtand that false statements herein made are subi~ to file penalties of 18 Pa. C. $. Section 4004 relating to unswom falsific~ation to authorities. IRAN NGOC THUAN ZO'd O0~6+¢~+Z~Z e3~O ---3 u~u! dZ£:£O ZO-Z~-un~ NOHI PHL;G~G QUANG, Plaintiff : IN THE COURT OF COMMON PLEAB OF : CUMBERLANO cOUNTy, PEIINSYLVANIA v. : CIVIL ACTION - l-AWl TRAN NGOC THUAN, : NO. 01 - 7234 CIVIL YERM 0efend~nt : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO P_ E~_UEST GNTRY OF A DIVORCE DECIII" UNDER SECTION 3301 (Gl OF THE DIVOts. ~_ 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawye(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 divorcee decree is entered by the Court and that a copy of the decree will be sent to me immet~iatety after it is filed with the Prothonotary. I vedfy that the statements made in this affidavit are true a~nd correct. I understand that fatse statements her~in are made subject to the ~enalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. TRAN NGO HAROLD S. IRWIN, III, ESQ. ATTORNEY ID NO. 2gg20 35 EAST HIGH STREET GARLISLE PA t 7013 (717) 243-60g0 ATTORNEY FOR PLAINTIFF NGHI PHUNG QUANG, Plaintiff TRAN NGOC THUAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : : NO. 01 - 7234 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Kindly 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· Date and manner of service of the complaint: On or about January 7, 2002, defendant was served with a certified copy of the divorce complaint. See Affidavit of Service filed on January 14, 2002. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: April 8, 2002. By the defendant: June 13, 2002. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. · (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 14, 2002. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 14 June 14, 2002 Harold S. Irwin, III Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Versus TRAN NGOC THUAN Defendant IN ~ 7.'1~ DECREE DIVORCE AND NOW ........ 4~.. ....~.~. .........~-00~- .. it is ordered and decreed that .........NGHr..~H~G .QU~ ...................... plaintiff, and ..................~. Nc~o¢. T~ ...................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered: NO~ B t: Attest: J. Prothonotary ce. 5'-~ e'~,....c-L