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Home My WebLink About02-1226IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant CIVIL ACTION - LAW 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, DMSION 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 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 romar action con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede set emifido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cmberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOOADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O 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 O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO 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, VIGOUR NGUYEN, Plaintiff VS. PENNSYLVANIA :NO. : CIVIL ACTION - LAW TINA TRAN, : Defendant : IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Vigour Nguyen, 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 false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Vigour4(l~uyen /,~ / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 1 lth day of March, 2002, comes the Plaintiff, Vigour Nguyer, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statemem: 1. The Plaintiff, Vigour Nguyen, is an adult individual who currrently resides at 535 Bedford Court, Mechanicsburg, Cumberland County, PA 17050. 2. The Defendant, Tina Tran, is an adult individual who currently resides at 4245 Elsinore Street, Philadelphia, Philadelphia County, PA 19124. 3. The Plaintiffand Defendant were married on or about December 24, 1987, and separated on or about February 15, 2001. 4. The Plaintiff 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 request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. The allegations of Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 11. The Plaintiff and Defendant seek an equitable distribution of said property. WHEREFORE, Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. Respectfully submitted, ~Ilnor 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, VIGOUR NGUYEN, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Vigour~N'l~y~n ~ /r C;r. PATRICK O'CONNOR ATTORNEY AT LAW 3105 OLD GETTYSBU]~G I~OAD CAMP ~IILL. PENNSYLVANIA 17011-7~08 TELEPHONE: 717-~3~-~760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TR_&N, Defendant NO. 02-1226 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNT OF EQUITABLE DISTRIBUTION To the Prothonotary: Please withdraw the count of Equitable Distribution that was included in the Complaint filed in the case captioned above. Thank you for your consideration. Dated: July 18, 2002 Respectfully submitted: //G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2002 and service made on the Defendant on March 28, 2002. 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. Tina Tran, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 CIVIL ACTION - LAW 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 ifI 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: Tina Tran, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2002 and service made on the Defendant on March 28, 2002. 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 ifI 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. Vigour Ng'fi3ea~'I~lainti~' // IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 CIVIL ACTION - LAW 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 ifI 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. Vigouq'Nguyen, l~n~ifl~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy ofthe Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 4245 Elsinore Street, Philadelphia, Pennsylvania 19124. The return receipt signed by the Defendant is evidence of delivery to her and is attached as Exhibit "A". I verify that the facts contained above are tree and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unswom falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. §4904). ~. Patrick O Connor, I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delive~ is desired. · I~tnt your name and address on the reverse ~ that wa can return the card to you. · A#ach this card to the back of the mailpiece, er~on the front if space permits. 1. ~z~lcle Addressed to: O. Isdeliv~ _~iffemntEomiternl? r'lyes ~l?./~pmss Mail ~ R~i~e-~-' ~ Retum R~eipt for M~ D In~ Mail D C.O.D. 4. R~ ~v~ ~ F~) 2. ,Nticle Number (Copy from service label) ~.~ ~) I,~ ~ '0 0 6 ~1 ~ I=/ Z- ~..~,~:~.~.~ , , , , EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIGOUR NGUYEN, Plaintiff VS. TINA TRAN, Defendant NO. 02-1226 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: 4' Section 3301(c) of the Divorce Code __ Section 3301(d) of the Divorce Code (a) Date complaint filed: March 12~ 2002 (b) Date of service of the complaint: March 28~ 2002 (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 Sheriffand/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) Affidavit of consent required by Section 3301(c) of the Divorce Code: July 9~ 2002 (a) Date o£execufion: plaintiff: Iuly 9, 2002 defendant: 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: Related claims pending: (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 theProthonotary: 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 masworn falsification to authorities. Date Attorney for Plaintiff IN THE COURT OF COMMON PLEAS cf CUMBERLAND COUNTY STATE Of VIGOUR NGUYEN, Plaintiff VErsus TINA TRAN Defendant PENNA. NO. 02-1226 Civil Term DECreE IN AND NOW, DECREED THAT DIVORCE -- --- V~OUR-~ NGUYEN ,~, It iS .__, PLAINTIFF, AND , 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 / ...... /'"- PrO~h~ ~Ot~Y