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HomeMy WebLinkAbout04-4601 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 01../ -4W CI()ill~ . Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you. When the grounds 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 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Hill H. KIM, NO. Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una \ista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUl H. KIM, NO. 0'-1- Cl"u~tl~ Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING HUI H. KIM, being duly sworn according to law, deposes and says: 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 Office of the Prothonotary, 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 to a divorce decree being handed down by the court. I understand that fulse statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: cr ~ ~ ItJ V cLdd Hui H. Kim HUI H. KIM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - ~~ 01 C/~J:-T&.~ Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this lOth day of September, 2004 , comes the Plaintiff, Hui H. Kim, by his attorney, G. Patrick O'Connor, Esquire, Office ofG. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Hui H. Kim, is an adult individual who currently resides at 338 Charles Road, Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant, Mi Young Kim, is an adult individual who currently resides at 8750 Georgia Avenue, Apt. 1524A, Silver Spring, Montgomery County, MD 20910. 3. The Plaintiff and Defendant were married on or about April 24, 1974, and separated on or about April 3, 2004. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, .~ atrick O'Connor 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ill No. 64720 Attorney for the Plaintiff . . , ... VERIFICATION I, HUI H. KIM, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: 9 ~~ 10''1 vh d (L Hui H. Kim N ~ ~ t "- ..0 5) ....... N 2 8 ~ ~ ,-, / ~., 6'- '-;"} w ~ -:.;- ?-J (/", i .~ ::.:::J , , ~ ,~ '.';) -',) ( SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this /1i4tday of ~~ 2005, by and between HUI H. KIM, of Mechanicsburg, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and MI YOUNG KIM, of Gaithersburg, Maryland, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 21, 1974 in Korea, and separated on April 3, 2004; WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, 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. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and 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. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each ofthe parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and 2 shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MARITAL RESIDENCE. The parties are the owners ofa certain tract of improved real estate known and numbered as 338 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter "the Real Estate") having a market value of approximately $75,000 and which is deeded in the names of both parties. Husband shall retain sole possession of the Real Estate and Wife relinquishes all rights, title and interest to said Real Estate. Husband shall be and remain 3 responsible for all expenses related to ownership and maintenance of said Real Estate. Upon execution of this Agreement, Wife shall execute a special warranty deed conveying title in the Real Estate to Husband. Liens. Husband shall take said Real Estate subject to all liens or encumbrances that may exist and shall be solely responsible therefore. Husband further agrees to indemnify, protect and save Wife harmless from said liens or encumbrances existing in regard to said Real Estate. Waiver. Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in said Real Estate and agrees that said Real Estate shall become the sole and separate property of Husband pursuant to the terms of this Paragraph. B. BUSINESS ASSETS AND REAL ESTATE. The parties owned a retail business prior to the time of separation that was located at 1501 Herr Street, Harrisburg, Pennsylvania. Assets of said business, including real estate, equipment and inventory, were sold by the parties subsequent to separation. The sale resulted in net proceeds of $46,401.09, which were distributed to Husband. The parties agree that Husband shall be and remain the sole and exclusive owner of said net proceeds. Waiver. Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in said proceeds and agrees that said proceeds shall become the sole and separate property of Husband pursuant to the terms of this Paragraph. 4 C. RETIREMENT ACCOUNTS AND PENSION PLANS. Husband had an IRA account at the time of separation having a value of approximately one thousand dollars ($1,000.00). Husband does not know whether Wife has any IRA or other retirement account. Except as otherwise provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. D. MOTOR VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: Husband's Vehicle. Husband owns a 1990 Plymouth Voyager, which is titled in his name exclusively, and which is not encumbered by any loan. 5 Husband shall retain said vehicle, and it shall be and remain his sole and separate property. Jointlv Owned Vehic1e. The parties own a 2002 Chrysler Town & Country, which is titled in both names and which was encumbered by a loan of approximately $6,800 at the time of separation. Husband shall retain said vehicle and it shall be and remain his sole and separate property. Wife shall transfer title of said vehicle to Husband upon execution of this Agreement. Upon transfer of title, Husband shall be and remain responsible for all liability and expenses related to ownership and maintenance of said vehicle. Liens. In the event that any vehicle is subject to a lien or encumbrance, the party receiving the vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Waiver. Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in the vehicles that shall become the sole and separate property of Husband pursuant to the terms of this Paragraph. E. DISTRIBUTION OF CASH ASSETS. At the time of separation, Husband had a business account at PNC Bank containing in excess of $4,000 and a personal account at Members 1st Federal Credit Union containing approximately $1,000. At the time of separation, the 6 parties also had a joint savings account at Commerce Bank containing approximately $44,000 and a joint checking account at Commerce Bank containing in excess of $1 ,000. Husband shall retain the contents of said bank accounts, and they shall be and remain his sole and separate property. Waiver. Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in the said bank accounts that shall become the sole and separate property of Husband pursuant to the terms of this Paragraph. F. CONTENTS OF THE MARITAL RESIDENCE AND PERSONAL EFFECTS. At the time of separation, the parties owned various household goods, furniture, furnishings, personal possessions and personal effects located in the marital home. Husband has extended the opportunity to Wife to take possession and ownership of any items in said marital home that she does not presently have in her possession, with the exception of Husband's clothing and those items that belong to Husband's mother, including such items as the piano, furniture, her personal clothing, appliances, dishes, silverware, mementos, etc. Wife shall be and remain owner of household and personal items that she presently has in her possession and those items that she lists on an addendum to be attached to this Agreement, provided that she removes those items listed on said addendum within thirty (30) days of execution ofthis Agreement. Husband shall be and remain owner of household and personal items that 7 Wife does not take in accordance with the provisions of this paragraph. Waiver. Each party does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have had in the household items that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 6. COUNSEL FEES AND COSTS. Each party agrees to take complete responsibility for his or her own attorney's fees, costs and expenses incurred with respect to the negotiation of this property settlement agreement and the divorce proceeding related thereto. Each party hereby waives any right and/or claim he or she may have, now or in the future, against the other for counsel fees, costs and expenses. 7. DEBTS. Marital Debt. During the course of the marriage, Husband and Wife may have incurred certain bills and obligations. It is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, that Husband shall pay all debts that he has made in his name and that Wife shall pay all debts that she had made in her name, except as otherwise provided in this Agreement. General Provisions. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the marital debts that a party may have made prior to the execution of this Agreement, whether or not that debt is specifically referenced in this Paragraph. 8 8. ALIMONY. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. The parties acknowledge that each has income and assets satisfactory to meet his or her own reasonable needs. Each party waives any claim he or she may have against the other for alimony, spousal support or alimony pendente lite. 9. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this Agreement, the parties hereby agree that each shall pay fifty percent (50%) ofthe amount owed. In the event that any federal income tax refund is due for any years in which ajoint federal income tax return was filed prior to the execution of this Agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 1 O. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 7, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 11. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by 9 him or her, 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. 12. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 13. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further 10 modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry or cohabitate, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 14. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 15. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 11 16. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section 330l(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 17. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 18. BREACH OF AGREEMENT. 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 costs 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. 12 19. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Husband has engaged the services of G. Patrick O'Connor, Esquire, and Wife has had ample opportunity to obtain legal counsel of her choice, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 21. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 13 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: (2..~ cL- d. d eL (SEAL) HUI H. KIM ~~~ ~~ /' I YO~G KIM . (SEAL) c4/t~ CHIZOBA EBINAMA ~ ~~OTARY PUBLIC STATE OF MARYLAND lv\y Commission Expires February 20, 2006 1I~lo~- 14 ADDENDUM HOUSEHOLD AND PERSONAL ITEMS TO BE OBTAINED FROM MARITAL RESIDENCE BY WIFE WITHIN 30 DAYS OF EXECUTION OF THIS AGREEMENT AS PER PARAGRAPH 5F OF THIS AGREEMENT WITNESSETH: O~d- d d '-t'4sSEALl HUI H. KIM ~~M?/.c:~ (SEAL) MI YO I 15 Q !'.) \::~ t:..:~,::> c..n c_ c::: ,-- o II ~ nlp1 j---r-: q :-=> co .~-...." ~~~):-:~ .r- ~fj .< w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 04-4601 Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Mi Young Kim, Defendant herein, do depose and say that I personally received and accepted service ofa true and correct copy of the Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action on or about the ..2-r+ I-) day of September, 2004. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: c; 1-2-t- / e4 .. ],p-<-<: ~(JL~ . /'Mi Youn1'm . ...----.. -------.. . o C. "',:.,-'" .;.~. ;:-Ji~f- rr1 r-~ --;/ ~,' -'.::;: ':!) ~~ ~_. :?:,:>--< Y';-= Z. ~ r-> = = c:J"'I L- c:: r- co ~ --'I :J:-n rnf.:;' _r-)t-r; ~J~O =:,~~;: ::~ () (,10 rB -<. ;;::" c.,::; ----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 04-4601 CIVIL TERM Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. Section 4904 relating to unsworn falsification to authorities. DATE: '7 /s- ~J'~ . cLd-d Hui H. Kim, Plaintiff ---------- q c;~;; r-' g c.T' c- c:: r- ~:: _':":>0. o 11 -I :r:-n rnp _rj(11 ~':)9 ~~~. ~ ,; -=-A .....t.'.... ~b, :-<. - - , ,- - :;:~ -<. '? .r;:- v::> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 04-4601 CIVIL TERM Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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! 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 the foregoing are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATE: 7/~~S HUiktrr6 eL -------- ~ -" ~ = = c..n L. c: \-.- o -n -t :I:-n rl1F :(} F5 ~:~j ~:? ~~~,~ :-'~ ;;;.~. ::.:::J ....:;: ~ -;:-w -,a co r "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HUI H. KIM, NO. 04-4601 CIVIL TERM Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on September 14, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of 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. 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. DATE: t /'L1_ lot' I {- ~~. ~;:~ 1 Y ounWm, Defi ant 17 () s;: r--.:o = = c:.n L. c:: ,- co .:::- W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 04-4601 CIVIL TERM Plaintiff vs. CIVIL ACTION - LA W MI YOUNG KIM, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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! 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 the foregoing 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. DATE: I' !V1... /~ r , /kA-#~ Mi Y oun 1m, D dant (') c:: --j -:: ~ r--v <= <=::> c.n '- c::: 1- o -n :r! 111 t"2:' ;80 ?;j i,-n ~'n -',t" -.;:.,-~ C) l' ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUI H. KIM, NO. 04-4601 Civil Term Plaintiff vs. CIVIL ACTION - LAW MI YOUNG KIM, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD 1. Grounds for divorce: .( Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: September 14,2004 (b) Date of service of the complaint: September 25,2004 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) .( Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) 3. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: June 22, 2005 defendant: July 5, 2005 Date of filing: plaintiff: contemporaneously herewith defendant: contemporaneously herewith .. ... (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: 4. Related claims pending: None. All economic claims have been settled. 5. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneously herewith VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. 1/iI/tS I ( Date o ~... t,.; ~ '6 Cf' ~~ .-. S;(, .-\ ~:l1 C\ c,... -n',..-, ..?) ,-/ .,-) J,) '::~~ ~0 ~jS\~ '--;:.\ T:5 :..,;: ~:. Q) .' -- .... J;:" - - (--- r- ~, ~i" ::? . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . :+: :+::+:;F.;t; :Ii 'Ii '+i:+:'Ii :+::+::+.+;f. :+: ;+;:1::+::+::+:+++:1':':+ ;f~;f+;t.++'++++++;+:++;+:+;+:+ +~+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. 001 H. KIM, Plaintiff No. Civil 04-4601 VERSUS MI YOUNG KIM, Defendant DECREE IN DIVORCE AND NOW, <f'i ,_...2alJ'; IT IS ORDERED AND /:1" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . parties on May 17, 2005 shall be incorporated but not meraed into this Decree. : . . . . . . . . . . . . . . . . . . . . . ++++ ++ +++"'+"''''++ DEj:REED THAT 001 H. KIM , PLAINTIFF, AND MI YOUNG KIM , 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; None. 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