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HomeMy WebLinkAbout06-4262 DEBORAH L. CHIN, Plaintiff, VS. KAYON R. CHIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. D(o- a(71 U ?, I erg : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 DEBORAH L. CHIN, Plaintiff, VS. KAYON R. CHIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SHOO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar 4ssociation 32 South Bedford Street Carlisle, PA 17013 Telefono (0o)-990-919.0 DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. D G - y.2 L .L KAYON R. CHIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Deborah L. Chin, by and through his counsel, Linda A. Clotfelter, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Deborah L. Chin, (hereinafter "Plaintiff) an adult individual who resides at 5252 Meadowbrook Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is Kayon R. Chin, (hereinafter "Defendant"), adult individual who resides at 5252 Meadowbrook Drive, Mechanicsburg, Cumberland County, PA 17050. COUNTI REQUEST FOR DIVORCE UNDER SECTIONS 3301(C) OR 3301(D) OF THE DIVORCE CODE 3. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth. 4. 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 divorce Complaint. 5. Plaintiff and Defendant were married on June 22, 1990 in Lakewood, Jefferson County, Colorado. 6. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since May 14, 2006. 7. There are no pending divorce proceedings upon the filing date of this Complaint. 8. Defendant is not a member of the armed forces of the United States or any of its allies. 9. Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. COUNT H EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Sections 3501 et.sea. of the Divorce Code of 1980. 13. Plaintiff and Defendant have been unable to amicably agree upon the equitable distribution of the marital property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree for divorce; enter an order of court equitably distribute all marital property owned by the parties; and grant such other relief as this Court deems just and proper. Respectfully submitted, Date: ?T V LAW FIRM OF LINDA A. CLOTFELTER L' da A. Clotfelter, Esquire A orney ID No. 72963 0 1 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. KAYON R. CHIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, DEBORAH L. CHIN, verify that the statements in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 7 I9 6l, 'J k x DEBORAH L. CHIN, Plaintiff ? P N ? T o aQ U? 0 "i 'o ,to 0 0 0 r- ? T DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : N0424262- n o KAYON R. CHIN, : CIVIL ACTION - LAW C O` -o w c Defendant IN DIVORCE z. GC 'G YA M r1a CERTIFICATE OF SERVICE cn AND NOW, this 7 h day of August, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing DIVORCE COMPLAINT was served upon the opposing parry by United States First Class Mail, postage prepaid: Kayon R. Chin P.O. Box 65101 Harrisburg, Pa 17106-2101 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER A. Clotfelter, Esquire ev ID No. 72963 3921 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ?? , -o c? ? ? 4?. ? ?? c ? ? DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 421Q2. KAYON R. CHIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Deborah L. Chin, do hereby affirm that the original return receipt of the Divorce Complaint which was served upon Kayon R. Chin and signed on August 4, 2006, sent by Certified Mail, Restricted Delivery, Return Receipt Requested, and which return receipt appears to contain the signature of Kayon R. Chin, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. ¦ Complete Itmro t. 2, mW S. AW complete I A Item 4 It Reeekted Ddlwry to decked. ¦ Prtlt yaw name end address on the reverse so tltst vm can rehrn the tend to you. 1.06 ¦ Attach this card to the hack of the mallplece, or on ttyltror t If space parmrdL 1. Artlole Addressed to: I?W?lqu '?i. Chin 552 hcuotL Die. mor+rlica", Da i uz 2. Mhos Number Respectfully submitted, LAW OFFICE OF LINDA A. CLOTFELTER Dated: 4daCIotfelter, Esquire mey ID No. 72963 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 0 Apent Is de.very adhen dNkrent porn item 19 Ps lso eta n YM. enter ddvery ada.n wow: ONO (ZHIM - Kl&Y&J Ray V0 150,)t GL (0 1 JlLcerswmmi OF;. Mel R.pht.rW 9E&Mtsn P4cW for Metdw W e 0 Inured Mel 0 C.O.D. 4. Restrk Delveryh foes Fey 7001 2510 0003 4439 8348 Domestlo Retum Receipt ? ? ? ?. t-? ` ? ;? s. DEBORAH L. CHIN, Plaintiff V. KAYON R. CHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "a NO. 06 4269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith 0. Brenneman, Esquire of Snelbaker & Brenneman, P. C. as attorney for Defendant Kayon R. Chin in the above-captioned action. SNELBAKER & BRENNEMAN, P. C. BY: Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: August 18, 2006 (717) 697-8528 Attorneys for Defendant Kayon R. Chin _XN OFFICES SNELSAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Date: August 18, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. n G? `? ..? L" 7r rT1i G 1 G7 U t CA l::. "U 9 (?! ..1W ?? ?? Q O ?? _U Q ?i? -ri '?`"i G rr? -? -"[? DEBORAH L. CHIN vs Case No. 06 - 4262 KAYON R CHIN Statement of Intention to Proceed To the Court: Linda A C1 at f e 1 t er , 'Esquire intends to proceed with the above captioned matter. PrintNameLinda A. Clotfelter Sign Name kJ 11 6) _%? Date: 9 O -! Attorney f o r eborah L . Chin, pl a i nt i f f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. RYD-4_-?;rr OF THE PROT", 40TARY 2199 SEP _ a PM Q: 4 4 P SWAW DEBORAH L. CHIN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4262 KAYON R. CHIN, TO THE COURT: Defendant STATEMENT OF INTENTION TO PROCEED Defendant Kayon R. Chin intends to proceed with the above-captioned matter. SNELBAKER & BRENNEMAN, P. C. Date: October 5, 2009 By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Kayon R. Chin LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Statement to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Kayon R. Chin Date: October 5, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FILED-C?+ICE OF THE RROTH NOTARY 2009 OCT -5 PH 12: 19 PEWYIVAW. DEBORAH L. CHIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 4 a ~Z, KAYON R. CHIN, N0.2~6'~'~ 20 Defendant MOTION FOR APPOINTMENT OF MASTER Karon R. Chin, Defendant ,moves the court to appoint a master with respect to the following claims: ~X Divorce OX Distribution of Property ^ Annulment ^ Support ^ Alimony ^ Counsel Fees ^ Alimony Pendente Lite ^ Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Keith O. Brenneman ,Esquire). 3. The staturory ground (s) for divorce ere Section 3301(c) or Section 3301(d). 4. Delete the inapplicable paragraph (s): A ~ B ® C ^ a. The action is not contested. ~""~ ~' rt b. An aereement has been reached with respect to the followine claims: ~ --- ~~ ~ ~ _°" -r-1 r°1- { 3 ,. _ ~ C. The action is contested with respect to the following claims: ~`~' : ~ --` "`' ~ _ ~ 1 Equitable distribution ._,~ - ~ -"~ 5. The action does not involve complex issues of law or fact. = a '°'"' ~'' 6. The hearing is expected to take four (a) bows Vi=a gyp, 7. Additional information, if anv, relevant to the motion: - - Date: October t 1, 2010 Attorney for Defendant Keith O. Brenneman Print Name ORDER APPOINTING MASTER AND NOW 20 , is appointed master with respect to the following claims: By the Court, Esquire, 7. 'o DEBORAH L. CHIN, Plaintiff VS. KAYON R. CHIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN. NO. 06-4262 CIVIL ACTION - LAW IN DIVORCE Prior Judicial Assignment: None rn ai C_ Concurrence - Counsel for Defendant, Keith O. Brenneman, Esquire, presumably d of r - concur with this Motion. - Respondent/Plaintiff, Deborah L. Chin has been non-responsive to nd& so -v we presume she does not concur with this Motion.' PETITION TO WITHDRAW APPEARANCE J Tl - ... r? "1 1. Petitioner is Linda A. Clotfelter, Esquire, (hereinafter "Petitioner") counsel ?f record for Plaintiff, Deborah L. Chin. 2. Respondent is Deborah L. Chin, (hereinafter "Respondent"), Plaintiff in above-captioned matter. 3. Petitioner and Respondent have reached an impasse in their relationship. 4. Petitioner asks to be released from this case to permit her to devote her time other clients. 5. Petitioner, a sole practitioner will face significant hardship if her request withdraw as counsel is denied. 6. Denying Petitioner's request to withdraw as counsel will further damage Petitioner and her business. 7. It is presumed that opposing counsel, Keith Brenneman, Esquire does not conc4 with this request as he was non-responsive to correspondence seeking concurrence. 8. Petitioner sought Respondent's concurrence/nonconcurrence during a telephone conversation but she would not take a position on either. She was to provide a response but Petitioner has not heard from Respondent. 9. There are currently no proceedings scheduled in this case, but a Motion Appoint Divorce Master was filed by Defendant's counsel October 11, 2010. No Order Appointment was entered. 10. Petitioner now seeks leave of court to immediately withdraw as counsel Respondent in this proceeding. WHEREFORE, Petitioner respectfully requests the Court grant her leave to withdraw appearance on behalf of Deborah L. Chin and terminate her representation of Deborah L. Chin. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFEL Date: 14 Q 1,6 L DA A. CLOTFELTER, Esquire A orney I.D. 72963 -3021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. VS. : NO. 06-4262 KAYON R. CHIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of July, 2012, the undersigned hereby certifies that a and correct copy of the foregoing PETITION TO WITHDRAW APPEARANCE was upon the interested parties by United States First Class Mail, addressed as follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (Attorney for Defendant) Deborah L. Chin 5252 Meadowbrook Drive Mechanicsburg, PA 17050 (Respondent) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile D AH L. CffiN, : IN THE COURT OF C+IlMMM FLUS OF CU 49BRULAND COUN TY, P1T4M Y"T.VAM1A vs. : NO. 964262 c KAYON IL CMN, : CIVIL ACTION - LAW M C= r D m t : IN DIVORCE f - r? 320 mac a z CD -q ' o CAD RUIZ S AND NOW this day of 2012, upon consideration of the Petition of Linda A. Clotfelter, Esquire, to withdraw as counsel for the Plaintiff, a Rule is issued upon all parties to show cause why the Petition should not be granted, returnable oW 0 days from date of service. BY THE COURT: ? Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Plaintiff Keith Fie, 44 W. Main Sftet, Mechanicsburg, PA 17055, Attorney for Delendamt / Deborah L. Chin, 5252 Mea&mbrook Drive, Mechanicsburg, PA 17050, Respondent ?'DpI s ma, led 7/?,/a Aa- DEBORAH LC?, ?2 AM ?, ; ?Q P VS. KAYON R. CHIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN : NO. 06-4262 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, do hereby affirm that the Rule dated July 26, 2012, copy of which is attached) was sent by United States First Class Mail, postage prepaid, addres, as follows. The undersigned understands that the statements herein are made subject to penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (Attorney for Defendant) Dated: -73 A O I Deborah L. Chin 5252 Meadowbrook Drive Mechanicsburg, PA 17050 (Respondent) Respectfully submitted, LAW OFFICE OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 Attorney for Plaintiff BY THE COURT: J. DEBORAH L. CHIN, Plaintiff VS. KAYON R. CHIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4262 CIVIL ACTION - LAW .?._, IN DIVORCE `-- RULE M r... i? l ??i` IY < 44 A 2012, upon consideration of AND NOW this C2day of Petition of Linda A. Clotfelter, Esquire, to withdraw as counsel for the Plaintiff. a Rule is iss upon all parties to show cause why the Petition should not be granted, returnable --;zy from date of service. Distribution: Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17 Attorney for Plaintiff Keith Brenneman. Esquire, 44 W. Main Street, Mechanicsburg, PA 17055. Attorney Defendant Deborah L. Chin, 5252 Meadowbrook Drive. Mechanicsburg, PA 17050, Respondent TRUE COPY FROM RECORI In Testimony whereof, l here unto set my and the seal of said at artisle, Pa. This day of 201 Prothon DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA • o~-ya~a ~s. : No..oz.a~-- KAYON R. CHIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE Prior judicial assignment: None ~~ ~ "' Concurrence/Nonconcurrence: See paragraph 3 below ~~ N PETITIONER'S MOTION TO MAKE RULE ABSOLUTE <® -v ~,~~ ~~ zo ' ~'' Linda A. Clotfelter, Esquire, filed a Pet Petitioner 2012 On July 24 1 to ~ ~ , , , . ~ N ~ ;::=a Withdraw Appearance and on July 26, 2012, a Rule was issued upon Plaintiff to show cause w y the relief requested should not be granted. 2. On July 31, 2012, Petitioner served Plaintiff with the Rule to show cause on the Petition to Withdraw Appearance and terminate representation as Plaintiff "s counsel. As per the Rule dated July 26, 2012, the 21-day return date was passed without answer by Plaintiff, and Petitioner now seeks to have the Rule made absolute. WHEREFORE, Petitioner respectfully requests the Court to make the Rule absolute to grant her permission to withdraw as counsel for Plaintiff, Deborah L. Chin, in the above- captioned proceeding. Date: $ h7 1 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFEL' da ~.~Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile DEBORAH L. CHIN, Plaintiff vs. KAYON R. CHIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4262 '~ :CIVIL ACTION -LAW ~I IN DIVORCE '~ VERIFICATION I, Linda A. Clotfelter, Esquire, verify that the statements in the foregoing Peti Rule to Make Motion Absolute are true and correct to the best of my knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 C.S. § 4904, relating to unsworn falsification to authorities. Date: L da A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile s DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANL~A vs. : NO. 02-4262 KAYON R CHIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this h ~~ day of , 2012, the undersigned hereby that a true and correct copy of the foregoing Petitioner's Motion to Make Rule Absolute served upon the opposing party by United States First Class Mail, postage prepaid, addressed follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (Attorney for Defendant) Deborah L. Chin 5252 Meadowbrook Drive Mechanicsburg, PA 17050 (Respondent) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile r DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF p~~g :CUMBERLAND COUNTY, PENNSYLVANIA -c~ a v . , s KAYON R CHIN, : CIVII.. ACTION -LAW ~ ~ ~ DefendAnt : IN DIVORCE ~~, r- ~~, -n ~ ~~.~ ~ ~ ~~ ~~ ~ AND NOW, this ~~~ day of .-~ 2012 upon consideration of Petitioner's Motion to Make Rule Absolute, said motion is hereby GRANTED. BY THE COURT, G~~ Distribution: ,/ Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Plaintiff / Keith Brenneman, Esquire, 44 W. Main Street, Mechanicsburg, PA 17055, Attorney for Defendant / Deborah L. Chin, 5252 Meadowbrook Drive, Mechanicsburg, PA 17050, Respondent ~~;es m~.~l~d ~f~/~a ~~ 05/02/2013 09:50 7176977661 SNELBAKER BRENNEMAN PAGE 02/02 lww 4o, PE Keith O. Brenneman,Esquire Snelbaker&, Brenneman,P.C. 44 West Main Street Mechanicsburg,PA. 17055 (717)697-8528 Attorneys for Defendant Kayon R.Chin DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2006-4262 KAYON R. CHIN, Defendant CIVIL ACTION - LAW IN DIVORCE- PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c)of the Divorce Code was filed on July 28. 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and.ninety(90) days have elapsed.from the date of the 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 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. LAW OFFICM. $NELDAKER 8c Date: j`� BRENNEMAN, P.C. �J Deborah L. Chin 05/02/2013 09:50 7176977681 SNELBAKER BRENNEMAN PAGE 01/02 PP X6113 mm 10 CUMBERLAND CDU�l PENNSYLVANIA. Keith 0.Brenneman,Esquire Snelbaker&'Brenneman,P.C. 44 West Main Street Mechanicsburg,PA. 17055 (717)697.8528 Attorneys for Defendant.Kayon.R.Chin DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2006-4262 KAYON R. CHIN, Defendant CIVIL, ACTION - LAW : IN DIVORCE PLAINTIFF'S 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. 1 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. 4. 1 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. LAW OFMCE3 SNELBAKER& BRENNEMAN. F.C. Date: Deborah L. Chin PROTHON0 , 2013 MAY 17 PM f; CUMBERLAND COUNTY PENNSYLVANIA DEBORAH L. CHIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4262 KAYON R. CHIN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the claim for equitable distribution raised by me in the above action. Deborah L. Chin, pro se Date:��/�� 2913 HAY 21 P _Z' 51 CUMBERLAND MAUy PENNSYLVANIA Keith O. Brenneman,Esquire Snelbaker&Brenneman,P.C. 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 Attorneys for Defendant Kayon R. Chin DEBORAHH L.-CHIN�T, I'N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4262 KAYON R. CHIN, : Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 28, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 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. LAW OFFICES SNELBAKER& BRENNEMAN, P.C. Date: j t /2p 15 Kayon R. Chin PEi��SYL�fa�lR Keith O.Brenneman,Esquire Snelbaker&Brenneman,P.C. 44 West Main Street Mechanicsburg,PA 17055 (717)697-8528 Attorneys for Defendant Kayon R. Chin DEBORAH L. CHIN, IN THE COURT OF COMMON PLEAS OF Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4262 KAYON R. CHIN, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 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 1-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. 4. 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. LAW OFFICES SNELBAKER& y- BRENNEMAN, P.C. Date: ,("/ lit �zo /3 Kayon R. Chiti DEBORAH L. CHIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 4262 CIVIL KAYON R. CHIN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2013, the Master was advised by counsel by letter dated May 20, 2013, that the parties have agreed to settle economic issues by waiving all claims against each other. The Plaintiff filed a praecipe on May 17, 2013, withdrawing her claim for equitable distribution. There being no economic claims pending, and the parties having signed affidavits of consent and waivers of notice of intention to request the entry of the divorce decree so that the divorce can conclude under Section 3301 (c) of the Domestic Relations Code, the appointment of the Master is vacated. BY THE COURT, KeA A. Hess, P.J. cc: 11Deborah L. Chin (Pro se) ft �P1 'ntiff Keith O. Brenneman -<> Attorney for Defendant Z'n „3 f Fr 18 f' 1 f' t Lti`ti EtG `l i' 1 t • PENNSYLVANiii� DEBORAH L. CHIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006 - 4262 KAYON R. CHIN, Defendant : CIVIL ACTION—LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record of this case, together with the following information to the Court for the entry of a Divorce Decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: August 4, 2006 (see Affidavit of Service signed by Plaintiffs counsel and filed in this action and dated August 7, 2006). 3. Date of execution of the affidavit required by Section 3301(c) of the Divorce Code: by Plaintiff: May 11, 2013; by Defendant: May 11, 2013. 4. Related pending claims: None. 5. Date of Plaintiffs waiver of notice in Section 3301(c) divorce filed with the Prothonotary: May 11, 2013. 6. Date of Defendant's waiver of notice in Section 3301(c) divorce filed with the Prothonotary: May 11, 2013. Date: December 18, 2013 Keith O. Brenneman, Esquire Snelbaker& Brenneman, P. C. LAW OFFICES 44 West Main Street SNELBAKER& Mechanicsburg PA 17055 BRENNEMAN, P.C. Attorneys for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. CHIN • • V. • KAYON R. CHIN • NO. 2006-4262 DIVORCE DECREE AND NOW, 23 , 203 , it is ordered and decreed that DEBORAH L. CHIN , plaintiff, and KAYON R. CHIN , 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.") None. By the e. Attest: J. s° _ Prothonotary C'erF Q pti rr I i Ar'enrie►"Yla!) Nal-ice mai16d piff