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HomeMy WebLinkAbout02-2500XIAOQING ZHU, Plaintiff V. JIANGCHAO WANG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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. 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 Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 XIAOQING ZHU, Plaintiff VS. JIANGCHAO WANG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. E)~o]~ : : CIVIL ACTION - LAW : DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE COUNT 1 AND NOW comes Plaintiff, Xiaoqing Zhu, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Xiaoqing Zhu, is an adult individual residing at 503 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Jiangchao Wang, is an adult individual residing at 503 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiffhas been a bona fide resident of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiffand Defendant were married on June 8, 1988, in Beijing, People's Republic of China. 5. 6. There have been no prior actions of divorce or for annulment between the parties. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 8. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a Decree of Divorce. VgHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Such further relief as the Court may determine equitable and just. COUNTH CUSTODY 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. Plaintiff seeks custody of Lia Shanshan Wang, bom July 16, 1994. Plaintiff is the natural mother of the child and Defendant is the natural father of the child. The child was bom of the marriage of the parties. The child is currently in the custody of both parties, however, Plaintiff will be moving soon from the marital residence. 12. Since birth, the child has resided with the following persons and at the following addresses: Plaintiff and Defendant Plaintiff and Defendant 3201 Andrea Avenue Harrisburg, PA 17109 503 Francis Drive Mechanicsburg, PA 17050 Birth to August 2001 August 2001 to present 13. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 2 Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not party to the proceedings who has physical custody of the child or clan'us to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as pa~ies to this action. 15. The best interest and permanent welfare of the child will be served by granting the relief because Plainfiffprovides a safe home and a stable and loving environment for the child. WHEREFORE, Pla'mtiff requests Your Honorable Court to grant her shared legal and primary physical custody of the minor child, with Defendant having partial custody at such times as are mutually agreeable. COUNT III - CLAIM FOR EQUITABLE DISTRIBUTION 16. Paragraphs 1 through 15 above are herein incorporated by reference. 17. The Plainfiif and Defendant are owners of various items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by the Court. 18. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 19. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 20. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 21. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. 3 WI-IEREFORE, Plaintiffrequests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Granting her shared legal and primary physical custody of the minor child. (c) Equitably distributing all marital property owned by the parties hereto; and (d) Such further relief as the Court may determine equitable and just. DATE: (.._..5a~eme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 XIAOQING ZHU, Plaintiff JIANGCHAO WANG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. : : CIVIL ACTION - LAW : DIVORCE/CUSTODY VERIFICATION 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. XIAOQING ZHU XIAOQING ZHU, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : NO. C>;Z ._ JIANGCHAO WANG, : CIVIL ACTION - LAW Defendant : STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this / ~ day of ~/'~d ,2002, come the parties, XlAOQING ZHU, by and through her attorney Diane S. Baker, Esquire, and JIANGCHAO WANG, pro se, and agree as follows: 1. The parties are the parents of the minor child, Lia S. Wang, born July 16, 1994. Plaintiff, XIAOQING ZHU, is the natural mother and Defendant, JIANGCHAO WANG, is the natural father. 2. The parties shall share legal custody of the minor child. All major decisions such as medical, education and religion concerning the minor child shall bc made jointly by Father and Mother. 3. During the school year, the parties shall share physical custody on an alternating week schedule. In addition, each parent shall be entitled to one evening visit, fi.om after school until 8:00 p.m., during their non-custodial week. 4. During the summer, the parties shall continue to share physical custody on an alternating week schedule or as otherwise agreed. The parties specifically agree that for the summer of 2002, the schedule shall be as follows: a. Father shall enjoy physical custody of the child fi.om May 18, 2002, until June 20, 2002; b. Mother shall enjoy physical custody of the minor child fi.om June 20, 2002, until July 27, 2002. It is understood that the child shall travel to China with Mother for this custodial time; and, c. The remainder of the summer shall be shared on an alternating weekly schedule or as otherwise agreed upon by the parties. 5. The parties shall alternate holidays including Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving beginning with Father having the child for Memorial Day, 2002. 6. Christmas shall be divided into two segments. Segment A shall be from 12 noon December 24 until 2:00 p.m. December 25. Segment B shall be from 2:00 p.m. December 25 until 8:00 p.m. December 26. In even-numbered years, Father shall have the child for Segment A and Mother shall have her Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. 7. Father shall always have the child for Father's Day and Mother shall always have the child for Mother's Day. 8. The holiday schedule shall supercede the regular schedule. 9. The parties shall share transportation for the child with the parent receiving custody being responsible to pick up the child. 10. Both parties shall be entitled to liberal telephone contact with the child while they are in the custody of the other parent. 11. Both parties shall provide the other parent with the address and phone number where they can be reached in the event of an emergency. 12. The parties shall work together in order to take whatever steps are necessary to ensure the best interests of the subject child. They shall cooperate with each other for the benefit of the child especially regarding discipline and schedules. In the event that either party is unable to exercise their custodial time with the child make-up time shall be arranged as agreed upon by the parties. 13. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 14. The provisions of this Stipulation have been fully explained to Plaintiffby her attorney, Diane S. Baker, Esquire. Defendant has been advised that he has a right to counsel and has chosen to waive that right. 15. The parties agree that this Agreement shall be entered as Order of Court. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. XIA~)~ING0~SHIf..J Notaria~ ooal I Betty Morrlson, Notary Public I Harrisburg, Dauphin County I My Commission Expires Nov. 18, 20034 XIAOQING ZHU, Plaintiff JIANGCHAO WANG Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .. : CIVIL ACTION - LAW _. ORDER day of I~'"'~l~ , 2002, upon consideration of the attached Stipulation and Agreement of the Parties, it is hereby ORDERED that custody of the minor child Lia S. Wang, bom July 16, 1994, shall be as follows: 1. The parties shall share legal custody of the minor child. All major decisions such as medical, education and religion concerning the minor child shall be made jointly by Father and Mother. 2. During the school year, the parties shall'share physical custody on an alternating week schedule. In addition, each parent shall be entitled to one evening visit, fi:om after school until 8:00 p.m., during their non-custodial week. 3. During the summer, the parties shall continue to share physical custody on an alternating week schedule or as otherwise agreed. The parties specifically agree that for the summer of 2002, the schedule shall be as follows: a. Father shall enjoy physical custody of the child fi'om May 18, 2002, until June 20, 2002; b. Mother sh~ll enjoy physical custody of the minor child from June 20, 2002, until July 27, 2002. It is understood that the child shall travel to China with Mother for this custodial time; and, c. The remainder of the summer shall be shared on an alternating weekly schedule or as otherwise agreed upon by the parties. 4. The parties shall alternate holidays including Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving beginning with Father having the child for Memorial Day, 2002. 5. Christmas shall be divided into two segments. Segment A shall be from 12 noon December 24 until 2:00 p.m. December 25. Segment B shall be from 2:00 p.m. December 25 until 8:00 p.m. December 26. In even-numbered years, Father shall have the child for Segment A and Mother shall have her Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. 6. Father shall always have the child for Father's Day and Mother shall always have the child for Mother's Day. 7. The holiday schedule shall supercede the regular schedule. 8. The parties shall share transportation for the child with the parent receiving custody being responsible to pick up the child. 9. Both parties shall be entitled to liberal telephone contact with the child while they are in the custody of the other parent. 10. Both parties shall provide the other parent with the address and phone number where they can be reached in the event of an emergency. 11. The parties shall work together in order to take whatever steps are necessary to ensure the best interests of the subject child. They shall cooperate with each other for the benefit of the child especially regarding discipline and schedules. In the event that either party is unable to exercise their custodial time with the child make-up time shall be arranged as agreed upon by the parties. 12. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. Jo XIAOQING ZHU, Plaintiff VS. JIANGCHAO WANG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, ENNSYLVANIA : : NO. 02-2500 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, JIANGCHAO WANG, Defendant in the above-captioned matter, have accepted service of the Complaint in Divorce this .~e.M' day of-b~y, 2002. JIANGCHAO WANG Address MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~.~ day of ~ ,2002, by and between XIAOQING ZHU, hereinafter referred to as "Wife", and JIANGCHAO WANG, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wifi:, having been married on June 8, 1988, and there is one child bom of the marriage, Lia S. Wang, born July 16, 1994; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed 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. 2. EFFECT OF DIVORCE DECREE. The parties 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. It is the intent of the parties hereto that this Agreement shall create contractual fights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution 2 date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane S. Baker, Esquire. Husband has been advised that he has a right to counsel and should obtain counsel but has chosen to waive that right and proceed without counsel. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that 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. The parties further acknowledge that they have each made to the other a full and complete disclostrre of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she: shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, al: all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless thc parties otherwise specifically agree in writhing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and thc estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of thc other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtcsy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or thc right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is thc intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or 4 nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. RETIREMENT ACCOUNTS AND PENSION PLANS Throughout the marriage the parties have both been employed by Harrisburg ..4a'ea Community College and as a result thereof each party has a TIAA CREF account in his or her individual name which constitutes marital property. In addition, Wife is also the title owner of a deferred compensation plan with Fidelity Investments which is also marital property. Both parties understand that they have a right to disclosure and a formal appraisal of the retirement benefits of the other and hereby waive that right and hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party and said accounts shall become the sole and separate property of the title owner. Both parties agree to execute all documents necessary to effectuate the transfer upon request including any documents pursuant to the Retirement Equity Act or any similar Act that may be required fi.om time to time to accomplish the purpose of this Paragraph. 10. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, 5 books, works of art and other personal property in as equitable a manner as possible. All such property set forth in Exhibit A shall become the sole and exclusive property of Wife. All such property set forth in Exhibit B shall become the sole and exclusive property of Husband. The remaining items of personal property shall be divided equally between the parties. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of personal property, tangible or intangible, hereafter acquired by 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. AUTOMOBILES. The parties are the owners of a 2000 Toyota Camry and a 1997 Honda Accord. There are no debts on these vehicles. The parties agree that the 1997 Honda Accord shall become the sole and separate property of Husband and the 2000 Toyota Camry shall become the sole and separate property of Wife. Both parties agree to execute all documents necessary to implement this paragraph upon request.. 13. BANK ACCOUNTS. The parties are the owners of savings/checking/money market account at PSECU, account number 163701636, with an approximate value of $8,000. In partial consideration of Wife'~s interest in the marital residence, Husband agrees that he shall transfer his interest in these accounts to Wife and they shall become her sole and separate property. Husband agrees to sign all documents necessary to effectuate this 6 transfer upon request. There are no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 14. REAL ESTATE - MARITAL RESIDENCE. The parties are the owners of a residence located at 503 Francis Drive, Mechanicsburg, Dauphin County, Pennsylvania. Wife agrees that she shall transfer her interest in this residence to ttusband. Husband shall be solely responsible for the mortgage with PSECU, account number 8112, along with the taxes, insurance, utilities and all other expenses related to said residence and agrees to indemnify and hold Wife harmless therefrom. Husband further agrees that: he shall refinance the mortgage within six (6) months of the date of this Agreement, removing Wife's name from responsibility thereon. If Husband is unable to refinance the property he shall sell it within one year of the date of this Agreement. Husband shall be solely responsible for all costs related to the refinancing including deed preparation. The parties agree that they shall both continue to reside in the residence until July 31, 2002, at which time Wife shall vacate the residence. For so long as the parties continue to jointly reside in the residence they shall share all expenses jointly, including the mortgage payment and utilities. Wife agrees to sign all documents necessary to implement this paragraph upon proof of refinancing and receipt of the payment set forth in Paragraph 16 of this Agreement. 7 15. INVESTMENT ACCOUNTS. The parties are the owners of the following stock and mutual funds which were accumulated during the marriage: a. Fidelity Investments Mutual Fund, account number T088889122/Fidelity Cash Reserves, approximate value $4,700. b. TD Waterhouse Stock Fund, account number 438-03303-1-8 approximate value $23,000; and, c. The Vanguard Group, account number 9902881755, approximate value $20,000. In partial consideration of Wife's interest in the marital residence, Husband agrees that he shall transfer his interest in these stock and mutual fund accounts ro Wife and the accounts shall all become her sole and separate property. Husband agrees to sign all documents necessary to effectuate this transfer upon request. 16. PAYMENT TO HUSBAND In partia! consideration of Husband's interest in Wife's retirement account, Wife agrees to pay to Husband the sum of $5,000, within ten (10) days of the date of execution of this Agreement. 17. CURRENT LIABILITIES. Except as set forth elsewhere in this Agreement, the parties agree that they have no joint liabilities. All debts accumulated during the marriage are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party. 18. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any 8 and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 19. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, wan'ant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 20. LIFE INSURANCE. The parties agree that they shall both maintain life insurance policies on their own life in the amount of $50,000 naming the other party as beneficiary of 50% of the policy and their daughter, Lia, as beneficiary of the remaining portion of the policy. These policies shall remain in effect until such time as the minor child Lia has attained age 25 or has completed her full-time post-high school studies, which ever comes first. Both parties shall provide proof of coverage to the other party upon request. Except as required above, any other life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in. Except as set forth above, both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 21. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local 9 income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incun'ed in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree to file a joint tax remm for tax year 2001. In the event that there are taxes owed or the parties are entitled to a refund, the debt or refund shall be divided equally between the parties. 22. COLLEGE EXPENSES. The parties agree that they shall contribute equally towards the costs of a four year college education, including tuition and room and board, for their child. The child shall obtained all available loans, grants, scholarships, and work study programs prior to seeking contribution from either party. In the event of a dispute concerning choice of college, neither party shall be required to contribute more than he or she would have been required to contribute if the child had attended a state sponsored school. In anticipation of Lia's college expenses, the parties agree that within six (6) months e.f the date of this Agreement, they shall establish a savings account for Lia to be managed and controlled by Husband and Wife, jointly. Wife shall contribute the sum of $10,000 to this account when it is opened. Further contributions shall be as agreed upon by the parties. If at any ti:me, the parties both agree that the funds are not necessary or appropriate for Lia's college education expenses, the account shall be closed and the funds divided equally between Husband and wife. 23. SUPPORT. The parties agree that Wife shall pay child support in the amount of $150 per month for so long as the parties share physical custody of their minor child, Lia. In 10 addition, Wife shall provide medical insurance for the child. The parties further agree they shall continue to work together to determine an appropriate arrangement for Lia's financial support, as their respective incomes and expenses vary. In addition, the parties shall share equally the costs of Lia's extra-curricular activities to include lessons and activity fees and they shall also share equally any unreimbursed medical expenses. The provisions of this paragraph may be modified by either party in accordance with the Supreme Court Guidelines in the event of a change in circumstances or as income and Lia's expenses change. 24. TAX DEDUCTIONS FOR MINOR CHILD. The parties agree that they shall share the entitlement to claim the minor child as an exemption for income tax purposes. Husband shall be entitled to the deduction for Lia in odd number years and Wife shall be entitled to the deduction in even number years. Both parties agree to execute all documents necessary to implement this paragraph upon request. 25. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 26. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payment of his legal fees. 27. ALIMONY~ ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. 11 Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting fi.om the parties' status as husband and wife. Both parties shall withdraw any claims for alimony, alimony pendente lite, support, maintenance and/or any other such benefits now pending. 28. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 29. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to 12 direct their respective attomeys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 30. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereinafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 32. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 33. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respectiw~' heirs, executors, administrators, successors and assigns. 34. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all 13 written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 35. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 36. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 37. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their fights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 38. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, 14 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. EXHIBIT A WIFE'S PERSONAL PROPERTY Piano Dining set Sofa and armchair (curremly in study) Master bedroom king-sized bed Personal clothing and jewelry items Wife's personal artwork collection Treadmill Marble top table Olympias camera and Nikon camera Sharp TV 19' Apple computer 18 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. EXHIBIT B HUSBAND'S PERSONAL PROPERTY Nikon N 90 Camera and supplies Washer and dryer Refrigerator Family room furnishings (except for piano) Studio furnishings Main bedroom furniture and guest bedroom furnishings (excluding master bedroom bed) Stereos from family room and downstairs studio Personal clothing and jewelry items Husband's personal artwork collection All yard and garden tools and equipment Sony 25" TV (family room) Second bedroom furniture Dell computer Desk (study room) Microwave oven 19 COMMONWEALTH OF PENNSYLVANIA ' ;SS. COUNTY OF DAUPHIN ' On this, the ff~)~day of .~.~r/~ , 2002, before me a Notary Public of the Commonwealth of Pennsylvania personally appeared XIAOQING ZHU known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public I Notaria~ Seal Betty Morrison, Notary Public Harrisburg, Dauphin County My Commission Expires Nov. 18, 2003 16 this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 39. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. NIJ~CHAO WANG Notariai oeal Betty Morrison, Notary Public Harrisburg, Dauphin County My Commission Expires Nov. 18, 2003 15 COMMONWEALTH OF PENNSYLVANIA ' :SS. COUNTY OF DAUPHIN ' On this, the ~/~ day of ,2002, before me, a Notary Public for the Commonwealth of Pcnnsylvarda, perso appeared JIANGCHAO WANG known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notariai 6eal Betty Morrison, Notary Public Harrisburg, Dauphin County My Commission Expires Nov. 18, 2003 Notary Public 17 XIAOQING ZHU, Plaintiff VS. JIANGCHAO WANG, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : : NO. 02-2ffi~CIVIL TERM : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 21,2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 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. § 4904 relating to unsworn falsification to authorities. DATED: PLAINTWF Date: 12/20/2002 Dear Ms. Sandra L. Meilton Tucker Arensberg&Swartz Diane Baker has forwarded your letter to me regarding the final Decree for the divorce. I am sending my Affidavit Consent to you right now with this letter for the sake of clarity and fairness. Jian chao Wan and I both a ced to file for the divorce and he si ed the Marital Settlement A cement in Ma which was rimaril written in his favor financially. It was drafted specifically following his requests in the financial terms. The statement is not tree that "he did not want to divorce in' ' " · ~t~ally. There are many ways to achieve this "Not ant ~ntent~on as we all understand. The main reason I filed the divorce so hastily at that time because I was harassed by him constantly and was under tremendously pressure and duress without other choices. The Settlement Agreement was not rejected by him, which clearly indicated he was fully satisfied with the settlement, therefore proved that he wanted and agreed to divorce. He did not want to hire a lawyer at that time for various reasons as you can understand. So there has to be someone to initiate it. I wished that he hired you at the time of our settlement; at least it would be a fair legal battle. I don't think your letter fairly reflects his true meanings; nevertheless, I am so disappointed and disheartened by this whole thing, I am ready to call it off and send you my Affidavit Consent. However, I need to precisely respond to your letter, which was misguided. It is not a matter of"not moving forward." But, for the sake of my child, I need a clarification regarding his intention over the course of divorce. At the end (from June to October), after realizing his self gains financially, he could not wait to move forward and finalize the divorce. Here I was, moving to a tiny apartment, coping with all the life and daily changes, grieving over the loss and especially over the loss my child has endured and trying desperately to help Lia to adjust and deal with the loss. Because of this deep disillusion, I don't intend to hang on to this matter. But it is important for me and my child that I respond to your letter to Diane Baker. It was _not factually written and misleading in regard to his intention. From now on, you can send your letter representing Jiangchao Wang to me directly. I don't intend to continue my legal relationship with Diane Baker from this point on and I don't think I need it much any more. The majority of the works were already done initially. Now he wants to have the final Decree done quickly for his refinancing of the house, which I perfectly understand. And he perfectly understands as well his financial gain and personal gain over the divorce and ready to move forward, which is fine with me. But Speak the Truth. Since he wants the divorce as much as, if not more than I want, and since (quoting you), "he is, at his point in time, satisfied to move forward and have a final Decree entered," it should only be fair to me and Lia and for the sake of Lia's future that Jiangchao Wang files the final Decree for the divorce. It is a misleading statement that he did not want the divorce initially. I could have easily said the same thing. By holding my Affidavit of Consent is my protest against the unfairness of the settlement and against his lack of responsibility and competence in the course of divorce and settlement, and a harsh lesson to myself which I needed time to absorb. It's extremely important for me and my child to write these done. Now by sending my Affidavit of Consent to you will bring the whole matter to a closure from your client's perspective. Thank you for your attention! Sincerely, Xiaoqing Zhu TUCKER AREN.SBERG ~ $WARTZ CELEBI:L-~TIXG .-~ CENTURY OF SERVICE Sandra L. Meilton smeilton@tuckedaw.com December 12, 2002 Diane S. B~ker, Esquire P.O. 1~Sx 6443 Harrisburg, PA 17112-0443' RE: Wang Dear Diane: Mr. Wang and I recently spoke regarding the status of his domestic situ ' !ndicated to me that despite the fact that/ze-did-not',,~,~-*-*.-~.." .... - ...... -. ...... abon. He · ~ .-~t~'=z-u--~~E~ Inltli S'RCe tor the d~vorce, he is, at this oi ' :-~---. ~ IJ s. Zhu .filed p nt ~n bme, sabsfied to move forward and haw - -~=nt'~J-t'~dT · · ~ -, ..a~ uecree I have forwarded an Affidavit of Consent and Waiver Notice to him for his signature and will forward same to you as soon as he returns them. I would appreciate it if you would move forward at that point and finalize the divorce. If there is any problem with bringing this to closure frorn your client's perspective, please give me a call. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Mr. Jiang-Chao Wang 55147.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108-0889 717-234-4121 800-257-4121 F~,X 717-232-6802 Pittsburgh · ~"~tSburgt3 Airoor! Area · Lew~stown E-ma~l: tapc'~tuckerlaw.com www,tuckerlaw, com XIAOQING ZHU, Plaintiff V. JIANGCHAO WANG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2500 CIVIL TERM CIVIL ACTION 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 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. Date: 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. Xiaoqing Zhu XIAOQING ZHU VS. JIANGCHAO WANG, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-250 iD CIVILTERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to thE; court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under {}3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: June 3, 2002, Defendant sig. ned an Accel~tance of Service. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by {}3301 (c) of the Divorce Code: 9/28/02 and reaffirmed by plaintiff ~n "l%/2n/Q~ ; by defendant 9/26/02 (b) (1) Date of execution of the affidavit required by {}3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 5. 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: (b) Date of plaintiff's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: 1/29/03 (mailed to Court on 1/28/03) Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: 10/4/0 2 Attorney for R:l~l~ / Defendant Sandra L. Meilton IN XIAOQING ZHU THE COURT OF COIVllViON OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. 02-2500 VERSUS JIANGCHAO WANG PLEAS CIVIL TERM DECREE IN DIVORCE AND NOW,_ DECREED THAT AND XIAOQING ZHU JIANGCH~O WANG ARE DIVORCED FROM THE BONDS OF MATRIMONY. _, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital made and entered into by the parties - Settlement Agreement incorporated into this Decree by are _~,~..03'_ :-:,-,_.,-~16, 200 in o ls sores. ~~_~,2~ut not merged ATTEST: