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ROGEILT ,. c:.!!IN5.tJE
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DBBRA L. CHIN SUE
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Defendant
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DECREE IN
DIVORCE
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AND NOW, .., .. .. .. .. --It>?,.. ..~:r ..... 19. ~~.., it is ordered and
decreed that,.. .~9,qE;~. :r". '<;!I.I.~ ,5.\lF:.,.,.,...,."".".""", plaintiff.
and. ., .Qf:!3.1V~. ~'" ,<;'I:I;r~. ,~l,Ij::.,. , " , , . . . . . " . . . . , " . , . " . " . '" defendant.
are divorced from the bonds of matrimony.
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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;
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PROPERTY SETTLEHENT AGREEMENT
THIS AGREEMENT, made this
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between DEBRA L.
day of~~lflt!, 1998 by and
CHIN SUE of Cumberland County, Pennsylvania
(hereinafter referred to as WIFE), and ROGER T. CHIN SUE of Dauphin
County, Pennsylvania (hereinafter referred to as HUSBAND),
WHEREAS, HUSBAND and WIFE were lawfully married on January 9,
1989 in St. Croix, U.S.V.I., and;
WHEREAS, two (2) children were born of this marriage, namely:
BRITNEY N. CHIN SUE, born December 15, 1989; and LANDON R. CHIN
SUE, born December 17, 1991, and;
WHEREAS,
diverse,
unhappy differences,
disputes
and
difficulties have arisen between the parties and it is the
intention of HUSBAND and WIFE 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 and equitable distribution of real
and personal property; the settling of all matters between them
relating to past, present and future support and alimony; and in
general, the settling of any and all 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
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and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1. SeDaration: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2. Interference: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
3, Subsequent Divorce: The parties acknowledge that
HUSBAND had filed a Complaint in Divorce on February 2, 1996 in
Cumberland County, Pennsylvania to docket number 96-607 Civil Term,
claiming that the marriage is irretrievably broken under the no-
fault mutual consent provision of Section 3301(c) of the
Pennsylvania Divorce Code. Both parties agree that the marriage is
irretrievably broken and both parties express their intent to
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execute any alld all affidavits or other documents necessary, for the
parties to obtain an absolute divorce pursuant to Section 3301(c)
of the Divorce Code. The parties hereby waive all rights to request
Court-ordered counseling under the Divorce Code. It is specifically
understood and agreed by the parties that the provisions of this
Agreement as to equitable distribution of property of the parties
are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or divorce be
obtained by either of the parties in this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that
nothing in any such decree, jUdgment, order or further modification
or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed that a copy of this Agreement,
or the substance of the provisions thereof, may be incorporated by
reference, but not merged, into any divorce, jUdgment or decree. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon
the parties.
4. Date of Execution: The "date of execution" or
"execution date" of this Agreement shall be defined as the day 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
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"execution date" of this Agreement shall be defined as the date Of
execution by the party last executing this Agreement.
5. Distribution Date: The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6. Hutual Release: HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such 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 the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against the other,
the estate of such other or any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the 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 country,
or any rights which either party may have or at any time hereafter
shall have for past, present or future support or maintenance,
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alimony, alimony pendente lite, counsel fees, property division,
costs or expenses, whether arising as a result of the marital
relations or otherwise, except, all rights and obligation of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof.
It is the 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 nature,
real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all right 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.
7. Advice of Counsel: The provisions of this Agreement and
their legal effect have been fully explained to WIFE by DEBRA
DENISON CANTOR, ESQUIRE counsel for WIFE, and to HUSBAND by MARYANN
MURPHY, ESQUIRE, counsel for HUSBAND.
HUSBAND and WIFE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
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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.
8. Warranty as to Existinq Obliqations: Each party
represents that he or she has not heretofore incurred or contracted
for any debt or liability or obligation 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 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 obligation arising out of this Agreement.
9. EXISTING DEBTS: HUSBAND and WIFE acknowledge that
there are no existing marital debts except those against the
marital home. WIFE agrees to be solely and eXClusively responsible
for any and all debts against the marital home and she further
agrees to hold HUSBAND harmless from any and all liability for
same,
HUSBAND agrees to be solely and exclusively responsible for
any and all debts in his individual name. HUSBAND further agrees to
indemnify WIFE and hold her harmless from any and all liability for
same,
WIFE agrees to be solely and exclusively responsible for any
and all debts in her individual name, WIFE further agrees to
indemnify HUSBAND and hold him harmless from any and all liability
for same.
10. Warranty as to Future Obliqations: HUSBAND and WIFE each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall
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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.
11. Marital Residence: The parties own real property
located at 3121 Columbia Avenue, Camp Hill, Cumberland County,
Pennsylvania. The Deed to this property is in WIFE's individual
name. HUSBAND agrees to waive all of his rights and interest in the
marital residence, and further agrees to execute, upon request, any
and all documents necessary to give effect to this paragraph,
WIFE agrees to be solely and exclusively responsible for any
and all costs and expenses associated with the marital residence,
including but not limited to; the mortgage, home equity loan,
taxes, insurance, etc. WIFE agrees to indemnify HUSBAND and hold
him harmless from any and all liability for same.
12. Personal Property: HUSBAND and WIFE agree that WIFE
shall have exclusive possession and ownership of the 1989 Audi
titled in her individual name. HUSBAND waives all of his right,
title and interest to same.
The parties agree that they have divided all of their personal
property between themselves to their mutual satisfaction, Neither
party shall make any claim to any such item of marital property, or
of the separate personal property of either party, except as
provided for in this Agreement, which will be in the possession
and/or under the control of the other at the time of the execution
of this Agreement. Should it become necessary, the parties each
agree to sign, upon request, any titles or documents necessary to
give effect to this paragraph.
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Property shall be deemed to be in the possession or under the
control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of
the party at the time of the execution of this Agreement; and in
the case of intangible personal property, if any physical or
written evidence of ownership, such as passbook, checkbook, pOlicy
or certificate of insurance or other similar writing is in the
possession or control of the party at the time of the execution of
this Agreement,
In order to effectuate the terms of this agreement, HUSBAND
and WIFE agree to execute any documentation necessary to remove
themselves as beneficiaries on any of the tangible personal
property and/or to remove themselves as co-owners of any items of
said property, including but not limited to checking accounts,
savings accounts and bonds.
13. Pension/Retirement Benefits: HUSBAND and WIFE
acknowledge that WIFE has accrued pension/retirement benefits
during the course of the marriage through her employment. HUSBAND
agrees that WIFE shall have sole and exclusive ownership of any and
all pension/retirement benefits she has accrued. HUSBAND agrees to
waive all of his rights and interest in these benefits, and further
agrees to execute, upon request, any and all documents necessary to
give effect to this paragraph,
14. Custody: With regard to custody of their minor children:
BRITNEY N. CHIN SUE, born December 15, 1989; and LANDON R. CHIN
SUB, born December 17, 1991, the parents agree as follows:
(a) The parents agree that they shall share legal
custody of their children. All major decisions affecting the
children I s growth and development shall be made by the parents
jointly, after discussion and consultation with each other and with
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a view towards obtaining and following an harmonious policy in the
children's best interests. These decisions include, but are not
limited to, those regarding medical, religious and educational
matters.
Each parent shall be entitled to complete and full information
from any doctor, dentist, teacher, etc. and have copies of any
reports given to them as a parent. Both parents may, and are
encouraged to, attend school conferences and activities, doctor's
appointments, etc., as their schedules permit. Both parents' names
shall be listed with the children's school and/or daycare provider.
With regard to any emergency decisions which must be made, the
parent with physical custody of the children at the time shall be
permitted to make the decision necessitated by the emergency
without consulting the other parent in advance. However, the parent
with physical custody making an emergency decision shall inform the
other of the emergency and consult with her/him as soon as
possible. Day-to-day decisions of a routine nature including those
relating to medical care shall be the responsibility of the parent
having physical custody at the time.
(b) The parents agree that MOTHER shall have primary
physical custody of the minor children.
(c) MOTHER and FATHER acknowledge that FATHER's work
schedule is erratic, and he is unable to predict when he will be
available to see the children. Therefore, the parents agree that
FATHER shall have liberal partial physical custody of the minor
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children as agreed by the parents.
(d) MOTHER and FATHER agree to cooperate during the
holidays of New Years, Easter, Memorial Day the Fourth of July,
Labor Day, Thanksgiving and Christmas in sharing or alternating
these holidays between themselves.
(e) MOTHER and FATHER agree that each shall have the
opportunity to see the minor children on their birthdays, and on
each of the parents' birthdays.
(f) The parents agree that FATHER shall have the
opportunity to celebrate Father's Day with the children as agreed
by the parents. MOTHER shall have the children on Mother's Day each
year.
(g) The parents agree that they shall each have summer
custody time with the minor children each year.
The parents shall notify each other of their chosen time for
summer vacation. In the event that both parents choose the same
time for summer custody, the first parent to give notice shall
prevail.
(h) Both parents agree to permit reasonable telephone
access between the children and each of their parents. Each parent
agrees to provide the other with a current address and telephone
number.
(i) MOTHER and FATHER agree to communicate directly with
one another concerning any parenting issues requiring consultation
and agreement, and regarding any proposed modifications to the
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physical custody schedule which may, from time to time, become
necessary.
(j) The parents agree that each shall have the duty to
notify the other of any event or activity that could reasonably be
expected to be of significant concern to the other parent.
(k) The parents agree that they shall encourage a close
and loving relationship between the children and each of their
parents. The parents shall give support to each other in their
roles as "parent", and shall take into account the concerns of the
other for the physical and emotional well-being of the children. It
shall be the express duty of each parent to uphold the other as one
whom the children should respect and love.
15. Hedical Insurance: WIFE agrees to provide medical
insurance coverage for the minor children for so long as it is
available to her through her employment. WIFE shall be the primary
insurance provider for the children.
16. Mt:er Acquired Personal Prooer1;y: Each of the parties
shall hereafter own and enjoy, independently of any claims or right
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.
17. ADDlicabi Ii ty of Tax La... to Prooer1;v Transfers: The
parties hereby agree and express their intent that any transfers of
property pursuant to this Agreement shall be within the scope and
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applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to
transfers of property between spouses or 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 transfer and subject to the
carry-over basis provisions of said Act.
18. waiver of Ali~~y: The parties herein acknowledge that
by this Agreement they have respectively secured and maintained
substantial financial resources to provide for their comfort,
maintenance and support, in the station of life to which they are
accustomed. HUSBAND and WIFE do hereby waive, release and give up
any rights they may respectively have against the other for
alimony, spousal support and/or maintenance. It shall be, from the
execution of this Agreement, the sole responsibility of each of the
respective parties to sustain themselves without seeking any
support from the other party.
19. Waiver of SDOusal SupJIOrt. AliJ//O~v Pendente Lite and
L8!1al Fees: Each party hereby waives any rights to spousal
support and alimony pendente lite. The parties agree to be
responsible for their own attorney's fees.
20. Disclosure and Waiver of Procedural Rights: Each party
understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that
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either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have the Court hold hearings
and make decisions on the matters covered by this Agreement. Both
parties understand that a Court decision concerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of
all marital and separate property as defined by the Pennsylvania
Divorce Code;
b. The right to obtain an Income and Expense statement
of the other party as provided by the Pennsylvania Divorce Code;
c. The right to have the Court determine which property
is marital and which is non-marital and equitably distribute
between the parties that property which the Court determines to be
marital;
d. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement,
including but not limited to, possible claims for divorce, spousal
support, alimony, alimony pendente lite, counsel fees, costs and
expenses.
21. Waiver of Modification to be in writing: No modification
or waiver of any of the terms hereof shall be valid unless in
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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.
22. Hutual C0Qg9ration: Each party shall, at any time and
from time to time hereafter, 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.
23. ~licable Law: 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.
24. Agreement Binding on Heirs: This Agreement shall be
binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
25. Integration: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
26. Other Documentation: HUSBAND and WIFE covenant and agree
that they will forthwith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
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effectuation of this Agreement.
27. No waiver on nerault: 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 provisions 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.
28. Severability: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
29. Breach: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her. The party
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breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this agreement.
30. Headings Not Part or Agree~nt: Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
consti tute 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 seals this day and year first above written.
7/').{) ! 9~
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L~: r~<:.<!~;'
ROO T. CHI SUE
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lYV~'ICif. k1u3 C LClr-
ifitt! Wit~ess .
DcQr.n 2R CJ,'u"OCL_o
DEBRA L. CHIN SUE
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (iwfLL-'L
:88:
~( ;k A
On this the J)I day of 1...,0../ 1998,
before me the undersigned, personally a pea rea ROGER T. CHIN SUE,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Property Settlement Agreement, and
acknowledged that he executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
~1:'n~ >(L~
otary ublic
NOT M'M SEAl
MAIOAltT J, DUNIU!, Nc'ory Pubic
w... PaaIan Twp.. Dauphln Co" PA
"" c:.-lulan bplrM s.pt, 23, 2001
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Curnbdl(uyl
:88:
On this the -1(;-+/1 day of ,JunL- 1998,
before the undersigned officer, personally appeared DEBRA L. CHIN
SUE, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Property Settlement Agreement, and
acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal.
;'/1 'Ci U-Jt!tClid
Notary PUblic
Notarial Seal
Lon A. Rlc:haIlI, Notary Public
<:amp HI Boro, Cumberland Counly
MyCommlSSlOfl Exp".~OcI I 2001
"'.IIl~C' P"nr., ~I''':,'I'' ,\, I;
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IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUB,
Plaintiff
v.
NO. 96-607 civil Tera
DEBRA L. CHIN SUB,
Defendant
IN DIVORCB
PRAECIPB TO TRANSMIT RECORD
To The Prothonotary:
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1.
Ground for divorce:
Irretrievable breakdown under
section 3301(c) of the Divorce Code.
2. Date and Manner of service of the Complaint: Personal
service bv Joseph Johnson of Prioritv One Messenoer Service on
Anril 4. 1996.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce COde: by Plaintiff, Januarv 20. 199B
by Defendant, June 26, 199B.
.
(b)(l)
Date of execution of the Plaintiff's Affidavit
required by Section 330l(d) of the Divorce Code: -HLA.
(2) Date of service of the Plaintiff's Affidavit upon
Defendant: -HLA.
4. Related claims pending: All claims have been resolved.
5. Complete either paragraph (a) or (b).
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(a) Date and manner of service of the notice of intention to
file ~raecipe to Transmit Record, a copy of which is attached: HLA.
(b) Date Plaintiff's Waiver of Notice in Section 3301(c)
Divorce was filed with the Prothonotary: January 23, 1998.
Date Defendant's Waiver of Notice in section 3301(C)
Divorce was filed with the Prothonotary: Julv 9, 1998.
ROGER T. CHIN SUE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9ft. -- (fc'7 r!~l'- L ,Jt.1_-1'Y--
v
DEBRA L. CHIN SUE,
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 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 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, Cumberland County
Courthouse, Carlisle, Cumberland County, 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 HAY 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.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. si desea defenderse
de las quejas expuestas en las paginas siguientes, debe tomar
accion con prontitud. Se le avisa que si no se difiende, el
caso puede proceder sin usted y decreto de divorcio 0
anulamiento puede ser emitido en su contra por la Corte. Una
decision puede tambien ser emitida en su contra por cualquier
otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos
importantes para usted.
cuando la base para el divorcio es indignidades 0
rompimiento irreparable del matrimonio, usted pluede solicitar
consejo matrimonial. Una lista de consejeros matrimoniales
esta disponsible en la oficina del Prothonotary, en la
Cumberland County Court of Common Pleas, South Hanover street,
Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIKENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INHEDIATO.
SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA
OFICINA INCICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Floor
carlisle, Pennsylvania 17013
Telefono (717) 240-6200
I,
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ROGER T. CHIN SUE, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v . NO.
.
.
.
DEBRA L. CHIN SUE, . CIVIL ACTION - DIVORCE
.
Defendant .
.
COMPLAINT UNDER SECTION 330Hc\
OF THE DIVORCE CODE
AND NOW comes ROGER T. CHIN SUE by and through his
attorney, Maryann Murphy, Esquire, who respectfully avers as
follows:
1. Plaintiff is Roger T. Chin Sue, who currently
resides at RR 1, Box 5170, Grantville, Dauphin County,
Pennsylvania.
2. Defendant is Debra L. Chin Sue, who resides at 3121
Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on January 9,
19B9 in st. croix, Mexico.
5. There have been no prior actions for divorce or for
annulment between the parties.
6. Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken,
L
"-_J
. .
8. Plaintiff has been advised of the availability of
marriage counseling and that he 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 handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
WHEREFORE, Plaintiff respectfully requests this
Honorable Court to enter a Decree dissolving the marriage between
the Plaintiff and Defendant.
Respectfully submitted,
1
Murphy, Esqu re
Attorne for Plaintiff
2201 North Second stree'
Harrisburg, PA 17110
(717) 233-6511
supreme Court I.D. # 61900
. .' .
AFFIDAVIT
I verify that the statements made in this Complaint Under
section 330l(c) of the Divorce Code are true and correct. I
understand that false statements herein are made sUbject to the
penalties of IB Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: 1/1/t/t,p
.f.. ~ ;1' ~ :StUL
ROGER T. CHIN SUE
Sworn and
subscribed
this J.M- day
befo e me
NolariaI Seal
~~~PI.tJIc
My Ccnmssic;; e;pr.; ~ ~ 1996
of Nolaries
"-_'_-".~""".*,'
I . I .
CERTIFICATE OF SERVICE
I, Maryann Murp~y, Esquire, do hereby certify that a true and
correct copy of the within Complaint Under section 330l(c) of the
Divorce Code was mailed by first class U.S. mail, postage pre-paid,
certified/restricted delivery, addressed as follows:
Debra L. Chin Sue
3121 Columbia Avenue
Camp Hill, PA 17011
Date:
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IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUB,
plaintiff
.
.
.
.
.
.
v.
: NO. 96-607 civil Term
.
.
DBBRA L. CHIN SUB,
Defendant
: CIVIL ACTION - DIVORCB
.
.
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That she is an adult individual residing in
Cumberland County, Pennsylvania.
2. That on April 4, 1996 personal service of the
reinstated Complaint in Divorce was made upon the Defendant by
Joseph F. Johnson of priority One Attorneys' Messenger
Service.
3. Proof of Service is attached to this Aff idavi t.
Marya Murphy, Esqu
845 Sir Thomas Court
Sui te llA
Harrisburg, PA 17109
(717) 540-5100
J.D. # 61900
.
-'
JJ021688,DOC
,
PRIORITY ONE AnORNEYS' MESSENGER SERVICE
" Joaeph F, Johnaon, Owner
, Subpoen.. " Citation a for All Courta
, Serving U.S.A, " Canada
99 S, Cameron Stre.t
P,O, Box 454
Harrlaburg, PA 17108'0454
(717) 257.1365
PROOF OF SERVICE
ORDER NO,
MARY ANN MURPHY
2201 NORTH SECOND STREET
HARRISBURG, PA 17110
PROCESS TO BE SERVED BY:
DOCUMENTS b I VORCE COMPLA I NT
LETTEF~ CERT Ot
WITNESS F~RV I CE AttI DAV IT
DATE RECEIVED
DATE REASSIGNED
CASE NO.
96-607 CIVIL
PLAINTIFF
RUGER T. CHIN SUE
-vs-
DEFENDANT
DEBRA L, CHIN SUE
TO BE SERVED:
ACCEPTED BY:
DEBRA L. CHIN
3121 COLUMBIA
CAMP HILL, PA
SUE
AVE.
17011
DEBRA L. CHIN SUE
DATE SERVED:
TIHE:
PROCESS SERVER'S NAME
4-4-96
8: 10 PM
JOSEPH t. JOHNSON
Hale
-_. ow...
JJ
Black Hair [) Under 5'0" [] Under 100 Ibs. [ ) Military Service
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DOCUMENTS't ' , '1'
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WITNESS F'~F.:V I ':E AFF I DAV I T
DATE RECEIVED
DATE REASSIGNED
CASE NO.
'36-507 CIVIL
PLAINTIFF
~~ER T, CHIN SUE
.vs.
DEFENDANT
DEBF.,..\ L. '.H I N SUE
TO BE SERVED:
ACCEPTED BY:
DEBRA L. CHIN
3121 COLUMBIA
CAMP IIILL, PA
SUE
AVE.
17011
DEBRA L. CHIN SUE
DATE SERVED:
TIME:
PROCESS SERVER'S NAME
4-4-9E,
8: 10 PM
JOSEPH F. JOHNSON
[ J Under 100 Ibs.
pt 100-130 Ibs.
[ J 131-160 Ibs.
[ ] 161.200 Ibs.
[ ] Over 200 Ibs.
] Military Service
( J Male [ ] Black Hair
J>d' Female [ ] Brown Hair
11 Blonde Hair
[ J Moustache Gray Hair
[ ] Beard [ ] Red Hair
[ ] Glasses [ ] White Hair
[ ] Balding
-{1 White Skin
[ Black Skin [ ] 14-20 Yrs.
[ ] Yellow Skin [ ] 21-35 Yrs.
[ ] Brown Skin ~ 36-50 Yrs.
[ ] Red Skin [ 51.65 Yrs.
[ ] Over 65 Yrs.
PROCESS SERVER'S REPORT
[ ] Under 5'0"
N 5'0" - 5'3"
5'4" - 5'S"
[ 5'9" - 6'0"
[ ] Over 6'0"
Other Identifying
Features:
NON-SERVICE INFO
[ ] Hoved
[ ] No Longer Employed
[ ] Never in But Address
Has Been Verified
[ ] Not Known
[ ] Evading Service
[ ] No Such Address
kr(.'.IJ ,;:: (4.#/1 J.?".J:' being dul)' S"'OIn
a~ord[ng to law, deposes and says that he/she is
process server herein named; and that the fants
herein set forth above are true and corract to
the be of their ledge, information and belief.
Sworn to and subscribej,J bnefo~~ me
~ day of ~"
19 ::l12
i/O/L~':Y~
.1 Cd -Notary Public
this
Server
Commissio Exp. "
I<M1n Gro6n , NollIIy f\.tlIo
Hl;,;..ttY.{J. Oal..~~.County
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IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUB, :
I'laintiff .
.
.
.
v. . NO. 96 - 607 civil Terlll
.
.
.
DEBRA L. CHIN SUB, .
.
Defendant . IN DIVORCE
.
AFFIDAVIT OP CONSENT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on February 2, 1996.
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 in 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.
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Date
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RoGElt T. CH~PLAINTIPP)
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IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUB,
Plaintiff
v.
NO. 96 - 607 Civil Term
DEBRA L. CHIN SUB,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
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.
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 IB Pa.C.S. Section 4904 relating to
unsworn falsification to
Date: ;/ '<J/" A'
authorities.
~Jg~'~~
R R T,-C N (PLAINTIFF)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUB,
Plaintiff
v.
NO. 96 - 607 Civil Tera
DEBRA L. CHIN SUB,
Defendant
IN DIVORCB
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under section 3301(c) of the
Divorce Code was filed on February 2, 1996.
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 in 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.
b-d0--qa
Date
\,/ ~(1 ~.Qj-",~n~\9- J
DEBRA L. CHIN SUB DEFENDANT)
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IN THB COURT OF COIOION PLEAS OF CUMBBRl.AND COUICTY, PBNNSYLVANIA
CIVIL ACTION - LAW
ROGER T. CHIN SUE,
Plaintiff
v.
NO. 96 - 607 civil Tera
DBBRA L. CHIN SUE,
Defendant
IN DIVORCB
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce
Decree is entered by the Court, and that a copy of the Decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are 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
Date: in - :J.!o - C\(,;.)
authorities.
/ C\D~ ("\ Y C' 0- ~. ,,"', , 9-.
DEBRA L. CHIN SUE (DEFENDANT)
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: NO. 96-607 civil Term
ROGER T. CHIN SUE,
Plaintiff
: IN THB COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
DEBRA L. CHIN SUE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint in Divorce in the above-
captioned matter.
Respectfully submitted,
3)'fIQb
Murphy, E q
supreme Court ID #6 00
2201 North Second Street
Harrisburg, PA 17110
(717) 233-6511
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