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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MICHAEL T. SARIANO.
.
No,
2000
1168
Plaintiff
VERSUS
.
RYON SOOK ~ARIANO,
Defendant
.
DECREE IN
DIVORCE
it S~3>~f)1. .
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IT IS ORDERED AND
2002
.
AND NOW,
DECREED THAT
, PLAINTIFF,
.
AND
RYaN SOaK SARIANO
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
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ROTHONOTARY
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MICHAEL T. SARIANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV ANlA
v,
NO. 2000-1168 CIVIL TERM
HYON SOOK SARIANO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE 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 ~ 3301(c) of the Divorce
Code,
2. Date and manner of service of the Complaint: Certified Mail. Restricted
Delivery. on Mach 4. 2000.
3,
(a)
Date of execution of the affidavit of consent
required by ~ 3301(c) of the Divorce Code: by
Plaintiff January 8. 2002 ; by Defendant December
5. 2001.
(b)(l) Date of execution of the Affidavit required by ~ 3301(d) of
the Divorce Code:
(2) Date of filing and service ofPlaintifl's Affidavit upon
the Defendant:
4, Related claims pending: None.
5,
(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 Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: January 28. 2002.
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: December 14. 2001.
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SEPARATION AND PROPERlY SElTLEMENT AGREEMENT
THIS AGREEMENT, made this g ~ day of ~ ,200; by and
between MICHAEL TODD SARIANO (hereinafter referred to as "Husband") and HYON SOOK
SARIANO (hereinafter referred to as "Wife").
WIIN&~~&IH:
WHEREAS, the parties hereto are husband and wife, having been lawfully
married on June 25, 1974, at Seoul, South Korea; and
WHEREAS, the parties are the parents of two children, namely, Lena Vanessa
Sariano, born February 13, 1980, and Julian Lee Sariano, born January 18, 1985; and
WHEREAS, 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, the settling of all matters between them relating to the ownership and
equitable distribution of their real and personal property; the settling of all matters between
them relating to past, present and future support, alimony, alimony pendente lite and/or
maintenance of Wife by Husband or of Husband by Wife, custody and support of Julian Lee
Sariano, 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 mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and
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Wife, each intending to be legally bound hereby, covenant and agree as follows:
1, PERSONAL RIGHTS, Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other, Each may reside at such place or places as he or she may
select. Neither party will interfere with the use, ownership, enjoyment or disposition of any
property now owned by or hereafter acquired by the other.
2. EQUITABLE DISTRIBUTION,
A MARITAL RESIDENCE. The parties acknowledge that they are the titled
owners, as tenants by the entireties, of that certain house and lot and all improvements
thereupon situated at 488 Woodcrest Drive, Mechanicsburg, Cumberland County,
Pennsylvania (hereinafter referred to as the "marital residence"). The parties agree as follows
with respect to the marital residence:
1. Wife shall become the sole and exclusive owner of the marital
residence and shall be permitted to take any action with respect thereto that
she deems appropriate, with the exception that Wife shall not sell or otherwise
dispose of the marital residence prior to Julian Lee's graduation from high
school. Husband hereby waives, relinquishes and releases any and all past,
present or future right, title, claim and interest he may have in and to the
marital residence, Husband shall, contemporaneously with the signing of this
Agreement, execute a deed transferring all of his right, title and interest in the
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marital residence to Wife,
2, Husband agrees that as of the date of execution of this
Agreement, any and all title policies and any other policies of insurance with
respect to the marital residence shall be endorsed to reflect Wife as sole owner
thereof and further agrees that Wife shall be entitled to receive any payments
now or hereafter due under any such insurance policies,
3, Commencing on the execution date of this Agreement, Wife shall
be solely responsible for all costs, expenses and liabilities associated with or
attributable to the marital residence, including but not limited to, any
mortgages, any and all home equity loans or lines of credit, taxes, insurance
premiums, utilities, maintenance and repairs, and Wife shall keep Husband and
his successors, assigns, heirs, executors and administrators indemnified and
held harmless from any liability, cost or expense, including actual attorney's
fees which may be incurred in connection with such liabilities and expenses or
resulting from Wife's ownership interest in the marital residence.
B. FURNISHINGS AND PERSONAL PROPERlY,
1. The parties agree that, subject to the further provisions of this
Agreement, they have divided between themselves all furnishings and personal
property located in the marital residence, including but not limited to, all
furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances
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and equipment.
2, Except as otherwise set forth herein, Wife shall retain, as her sole
and separate property, free of any and all right, title, claim or interest of
Husband, all of the personal property and furnishings remaining in the marital
residence,
3. Except as otherwise set forth herein, Husband shall retain, as his
sole and separate property, free of any and all right, title, claim or interest of
Wife, all of the personal property and furnishings currently in his possession.
4. Irrespective of the foregoing provisions, Wife hereby assigns and
conveys all of her right, title and interest in and to those items of personal
property that are more fully described in Schedules "A" and "B", which have
been attached hereto and made a part hereof, The items set forth in Schedule
"A" shall constitute the sole and exclusive property of Husband. The items set
forth in Schedule "B" shall constitute the sole and exclusive property of the
parties' children, Lena Vanessa and Julian Lee.
H. MOTOR VEHICLES,
1. 1985 Mercedes Benz 190E. The parties hereby agree that
Husband shall retain possession of and receive as his sole and separate
property the 1985 Mercedes Benz 190E currently titled in his name alone, along
with all rights under any insurance policies thereon and with all responsibility for
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payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Wife, Husband shall
indemnify and hold Wife and her property harmless from any and all liability,
cost or expense, including actual attorney's fees, incurred in connection with
said vehicle,
2, 1989 Plymouth Vovaqer, The parties acknowledge that
Husband is the title owner of the 1989 Plymouth Voyager. Contemporaneously
with the execution of this Agreement, title to said vehicle shall be transferred to
Wife. Husband shall execute any and all documents required to effectuate the
transfer, without delay or charge, Husband hereby waives, relinquishes and
releases any and all right, title, claim and interest he may have in and to said
1989 Plymouth Voyager. Wife shall indemnify and hold Husband harmless
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from any and all responsibility for any and all costs, expenses and liabilities
associated with or attributable to the 1989 Plymouth Voyager,
3. T ovota, The parties acknowledge that Husband is the title owner
of a Toyota automobile which was acquired during the parties' marriage. The
parties her~by agree that title to said vehicle shall be transferred to the parties'
daughter, Lena Vanessa Sariano,
I. LIFE INSURANCE. Husband shall retain as his sole and separate
property any and all life insurance policies in his name, free of any right, title and interest of
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Wife. Wife shall retain as her sole and separate property any and all life insurance policies in
her name, free of any right, title and interest of Husband, The parties may designate
whomever they choose as beneficiary of any policies of which he or she is owner and may
make any other disposition of said policies,
J. F1NANCIAUINVESTMENT ACCOUNTS. The parties agree that each
shall retain as his/her sole and separate property free of any and all right, title, claim and
interest of the other any and all financiaVinvestment accounts in his/her name, Specifically,
the parties agree that Husband shall retain his credit union accounts and Individual Retirement
Account. Wife shall retain her Waypoint Money Market and checking accounts and Individual
Retirement Account. The parties further agree that they shall divide equally the mutual funds
account with T, Rowe Price, Notwithstanding the foregoing, Husband shall transfer the sum
of $20,000,00 from his Individual RetirementAccount to Wife's Individual Retirement Account
and the parties shall execute any and all documents necessary to effectuate the transfer.
K. THRIFT SAVINGS PLAN, The parties agree that Husband shall retain his
Thrift Savings Plan as his sole and separate property, free of any right, title, interest or claim
of Wife,
L. SARIANO PRINTING MONEY PURCHASE PENSION PLAN, The parties
acknowledge that the marital estate includes the Sariano Printing Money Purchase Pension
Plan, The parties hereby agree that all of the funds in the Money Purchase Pension Plan shall
be withdrawn from the T. Rowe Price account and deposited into Wife's Individual Retirement
Account. The parties shall execute any and all necessary documents, including a Qualified
Domestic Relations Order, to effect this withdrawal and transfer of the funds, and will do so
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in a timely manner, so as to accomplish a rollover of said funds without penalty or tax
consequences,
M, CIVIL SERVICE RETIREMENT SYSTEM PENSION, The parties
acknowledge that the marital estate includes the marital portion of Husband's pension interest
under the Civil Service Retirement System, The parties shall enter into a Qualified Domestic
Relations Order, or similar documents, assigning to Wife 50% of the marital portion of
Husband's pension, The cost of preparation of the Qualified Domestic Relations Order shall
be borne by Husband.
The parties further agree that Husband shall have the unfettered right to elect
which available retirement option shall be exercised, including but not limited to the annuity
election option, Wife expressly acknowledges and agrees that Husband has not and will not
designate her as a survivor annuitant of his Civil Service Retirement System Pension, nor shall
Wife have any other right, title, claim or benefit to or regarding Husband's Civil Service
Retirement System Pension other than the 50% interest set forth in this paragraph,
N. UNITED STATES SAVINGS BONDS. Husband shall purchase, via payroll
deduction, two United States Savings Bonds in denominations of $200.00 each pay for the
parties' daughter, Lena Vanessa, as long as Husband is employed by the federal government
and Lena Vanessa is a full-time undergraduate student, but in no event beyond Lena
Vanessa's attainment of age 25 years. Husband shall retain possession of the bonds which
shall be released to Lena Vanessa exclusively for the costs of her undergraduate education,
wedding expenses or upon her attainment of age 27 years, whichever shall first occur,
At such time as Husband's obligation to purchase savings bonds for Lena
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Vanessa ends under this paragraph, one-half of the payroll deduction monies which had been
used to purchase bonds for Lena Vanessa will be paid to Wife as additional alimony, subject
to the provisions of paragraph 9 of this Agreement.
Husband shall purchase, via payroll deduction, two United States Savings Bonds
in denominations of $200,00 each pay for the parties' son, Julian Lee, as long as Husband
is employed by the federal government and Julian Lee is a full-time undergraduate student,
but in no event beyond Julian Lee's attainment of age 25 years, Husband shall retain
possession of the bonds which shall be released to Julian Lee exclusively for the costs of his
undergraduate education. Upon Julian Lee's graduation from an undergraduate institution,
the remainder of the funds shall be released to him, If Julian Lee does not attend college, the
bonds or the funds realized therefrom will be released to him upon attainment of age 21
years,
At such time as Husband's obligation to purchase savings bonds for Julian Lee
ends under this paragraph, one-half of the payroll deduction monies which had been used to
purchase bonds for Julian Lee shall be paid to Wife as additional alimony, subject to
paragraph 9 of this Agreement.
0, MISCELlANEOUS PROPERlY, As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party
to whom the property is titled; and if untitled, the party in possession, This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property
from each to the other,
P. PROPERlY TO WIFE. The parties agree that Wife shall own, possess
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and enjoy, free of any claim of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quit-claims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies
covering that property, and any escrow accounts relating to that property, This Agreement
shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such
property from Husband to Wife.
Q. PROPERlY TO HUSBAND, The parties agree that Husband shall own,
possess and enjoy, free of any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quit-claims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies
covering that property, and any escrow accounts relating to that property. This Agreement
shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such
property from Wife to Husband.
3, AFTER ACQUIRED PROPERlY, The parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, real, personal or
mixed, tangible or intangible, which are or were acquired by him or her after the parties' date
of separation, 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.
4. LIABILllY NOT LISTED. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in this Agreement, for which the other party is or may be liable, A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
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hereafter incur it, and such party agrees to pay it as the same shall become due, and to
indemnify and hold the other party and his or her property harmless from any and all such
debts, obligations and liabilities,
5, INDEMNIFICATION OF WIFE. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband shall, at his sole expense, defend against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property
against any damages or loss resulting therefrom, including but not limited to, costs of court
and actual attorney's fees incurred by Wife in connection therewith,
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6, INDEMNIFICA nON OF HUSBAND, If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by
Wife under this Agreement, Wife shall, at her sole expense, defend against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property
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against any damages or loss resulting therefrom, including but not limited to, costs of court
and actual attorney's fees incurred by Husband in connection therewith,
7, CHILD CUSTODY, The parties hereby agree to share legal custody of
their son, Julian Lee Sariano. The parties shall consult with each other concerning all major
decisions affecting Julian Lee, including but not limited to his health, education and welfare
and the parties shall have the right to make major parenting decisions regarding these areas
of concern,
Wife shall have primary physical custody of Julian Lee so long as Husband is
residing outside of the United States. In such event, Husband shall have temporary physical
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custody of Julian Lee as the parties and Julian Lee shall from time to time mutually agree
upon and arrange, but in no event shall said physical custody be less than one month during
the summer vacation period,
If Husband is residing in the United States, and more specifically, in close
proximity to Wife, physical custody shall be as the parties and their son shall from time to time
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mutually agree upon and arrange, but in no event shall Husband's physical custody be less
than alternating weekends.
8. CHILD SUPPORT, The parties hereby agree that upon execution of this
Agreement, Husband shall pay to Wife the sum of Two Hundred Fifty and 00/1 00 ($250,00)
Dollars on a biweekly basis for the support of their son, Julian Lee, Husband's obligation to
provide support for Julian Lee shall terminate upon his graduation from high school or
attainment of age 18 years, whichever shall last occur, Husband's obligation for the payment
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of child support to Wife shall terminate in the event he assumes primary physical custody of
Julian Lee,
9. ALIMONY. Husband shall pay to Wife, as alimony, the sum of Six
Hundred and 00/100 ($600,00) Dollars biweekly upon execution of this Agreement. Said
payments shall be modified to Seven Hundred Fifty and 00/100 ($750,00) Dollars biweekly
upon termination of Husband's obligation to provide support for Julian Lee under paragraph
8 of this Agreement. Husband's alimony obligation shall continue irrespective of primary
physical custody of Julian Lee, Husband shall pay to Wife one-half of any cost of living
allowance increase he receives form his employer,
Said alimony payments shall be includible in Wife's gross income and shall be
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deductible by Husband,
Notwithstanding the foregoing, Husband's obligation to pay alimony will end
and he shall be released from the obligation of said payments upon the death of Husband or
Wife, Wife's remarriage or cohabitation or Husband's retirement from federal government
employment, whichever event shall first occur,
10, MEDICAL INSURANCE COVERAGE FOR WIFE, The parties
acknowledge that Husband is currently providing medical insurance coverage for Wife through
his federal government employment. Husband agrees to continue to provide said coverage
until such time as a decree in divorce is entered, at which time his obligation to provide said
coverage shall forever terminate, However, Husband shall extend his full cooperation in
assuring that Wife remains a member of the group for medical insurance coverage through
his employment so long as federal law allows and with the further understanding that any cost
for said coverage shall be borne solely by Wife subsequent to the issuance of a final decree
in divorce,
11. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely
responsible for his or her own legal fees, costs and expenses incurred in connection with
dissolution of their marriage and the preparation and execution of this Agreement,
12. WAIVER OF INHERITANCE RIGHTS, Unless otherwise specifically
provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife
each waives all rights of inheritance in the estate of the other, any right to elect to take against
the Will or any Trust of the other or in which the other has an interest and each of the parties
hereby waives any additional rights which said party has or may have by reason of their
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marriage, except the rights saved or created by the terms of this Agreement. This waiver shall
be construed generally and shall include, but not be limited to, a waiver of all rights provided
under the laws of Pennsylvania or any other jurisdiction.
13. WAIVER OF BENEFICIARY DESIGNATION, Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or
like program carrying a beneficiary designation which belongs to the other party under the
terms of this Agreement, including, but not limited to, pensions and retirement plans of any
sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts,
bank accounts, final pay checks or any other post-death distribution scheme, and each party
expressly states that it is his and her intention to revoke by the terms of this Agreement any
beneficiary designations naming the other which are in effect as of the date of execution of
this Agreement. If and in the event the other party continues to be named as beneficiary and
no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the
estate of the deceased party.
14, RELEASE OF ClAIMS,
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and
liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any
right to division of their property except as provided for in this Agreement. Furthermore,
except as otherwise provided for in this Agreement, each of the parties hereby specifically
waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever
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he or she may have in property transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and each party agrees never to
assert any claim to said property or proceeds in the future, However, neither party is released
or discharged from any obligation under this Agreement or any instrument or document
executed pursuant to this Agreement,
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising
under this Agreement or for the breach of any of its provisions, Neither party shall have any
obligation to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby
absolutely and unconditionally releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any and all rights, claims,
demands or obligations arising out of or by virtue of the marital relationship of the parties
whether now existing or hereafter arising, The above release shall be effective regardless of
whether such claims arise out of any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family
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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 Pennsylvania, any state, commonwealth or territory of the United States, or
any other country,
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by
the execution of this Agreement an absolute and unconditional release and discharge from
all causes of action, claims, rights or demands whatsoever in law or in equity, which either
party ever had or now has against the other.
(e) Husband and Wife acknowledge that Husband has instituted a no-
fault action in divorce against Wife docketed to No, 2000-1168 Civil Term in the Court of
Common Pleas of Cumberland County, Pennsylvania, Husband shall proceed with the said
divorce action and the parties shall execute all documents necessary to conclude the divorce
as expeditiously as possible.
15, AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN
DIVORCE DECREE. This Agreement may be incorporated into a decree of divorce for
purposes of enforcement only, but shall not be merged into said decree, The parties shall
have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and
in addition, shall retain any remedies in law or in equity under this Agreement as an
independent contract. Such remedies in law or equity are specifically not waived or released,
16, MODIFICATION, No modification, rescission or amendment to this
15
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agreement shall be effective unless in writing and signed by each of the parties hereto,
17 , WAIVER OF BREACH, The waiver by one party of any breach of this
Agreement by the other party shall not be deemed a waiver of any other breach of any
provision of this Agreement,
18, APPLICABLE LAW, All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in
effect as of the date of execution of this Agreement.
19, SEVERABILllY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way,
20, AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement
shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns and successors,
21, 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.
22, ENTIRE AGREEMENT, Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of
his or her own choice, and has executed it freely and voluntarily, The parties further
acknowledge and confirm that the execution of this Agreement is not the result of any duress,
16
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undue influence, collusion or improper or illegal agreement or agreements; and that this
instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or against either of the
parties,
23, MUTUAL COOPERATION, Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other
act or thing that may be necessary or desirable to effectuate the provisions and purposes of
this Agreement. If either party unreasonably fails on demand to comply with these provisions,
that party shall pay to the other party all attorney's fees, costs, and other expenses actually
incurred as a result of such failure,
24, BREACH, If either party hereto breaches any provision hereof, 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 non-breaching party
shall be entitled to recover from the breaching party all costs, expenses and legal fees actually
incurred in the enforcement of the rights of the non-breaching party,
25. DATE OF EXECUTION, The "date of execution" or "execution date"
of this Agreement shall be defined as the date upon which the parties signed the Agreement
jf they do so on the same date, or if not on the same date, then the date on which the
Agreement was signed by the last party to execute this Agreement.
26. EFFECTIVE DATE. This Agreement shall become effective and binding
17
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upon both parties on the execution date,
27. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation, This
Agreement also shall continue in full force and effect in the event of the parties' divorce,
There shall be no modification or waiver of any of the terms hereof unless the parties in
writing execute a statement declaring this Agreement or any term of this Agreement to be null
and void.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
WITNESS:
GU~UWh
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CHAEL TODD SARIANO
1Icf:~d~J~,
SOOK SAR
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Korean chest
Korean Kia Gum
Grandfather's rocking chair
Mountain bike
Road bike
Office desk
Grandfather's red table
Snow blower
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Lena Vanessa's bedroom suite
Julian Lee's bedroom suite
Big Korean hope chest
Skis, bicycles, sports equipment
Lena Vanessa's computer
Julian Lee's computer
Pool table
Foosball table
Books
Movie camera
Camera
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GOLDBERG, KATZMAN & SHIPMAN, P.C.
Paul J. Esposito - I.D, #25454
Attorneys for Plaintiff
320 Market Street, Strawberry Square
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL T, SARlANO,
Plaintiff
v,
CIVIL ACTION - LAW
Clt>~l'T~
HYON SOOK SARlANO,
Defendant
NO, .2000 - II/;~
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 divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE TIlE 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 BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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Goldberg, Katzman & Shipman, P.C.
Paul J. Esposito, Esquire - I.D. #25454
320 Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Attorneys for Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ,2ptrt)-/(t,f~f~
MICHAEL T, SARIANO,
Plaintiff
HYON SOOK SARIANO,
Defendaot
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF COUNSELING
MICHAEL T. SARIANO, being duly sworn according to law, deposes aod says:
1. I have been advised of the availability of marriage counseling aod understand that
I may request that the Court require my spouse aod I to participate in counseling,
2, I understand that the Court maintains a list of marriage counselors in the Office of
the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse aod I
participate in counseling prior to a divorce decree being handed down by the Court,
I verify that the statements made in this Waiver are true aod correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to
unsworn falsification to authorities.
Date:
l/~! 00
m~~
CHAEL T. SARIANO
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GOLDBERG, KATZMAN & SHIPMAN, p.e.
Paul J, Esposito - I.D, #25454
Attorneys for Plaintiff
320 Market Street, Strawberry Square
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
MICHAEL T, SARIANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, d I>vV - JJ(,Y ~ (J.-
IN DIVORCE
HYON SOOK SARIANO,
Defendant
COMPLAINT IN DIVORCE
1. Plaintiff, MICHAEL. T, SARIANO, is an adult individual, who currently
resides at Building 1530, Camp Market, South Korea.
2, Defendant, HYON SOOK SARIANO, is an adult individual who currently
resides at 488 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania,
3, Plaintiff avers that he has been a bona fide resident in the Commonwealth
of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint.
4, The parties were married on June 25, 1974, in Seoul, South Korea.
5. There have been no prior actions of divorce or annulment filed by either of
the parties hereto,
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6, Plaintiff has been advised of the availability of counseling and that Plaintiff
has the right to request that the Court require the parties to participate in counseling,
7, The Defendant in this action is not presently a member of the United States
Armed Forces or of any of its allies,
8. Plaintiff requests the court to enter a decree of divorce,
COUNT I
9. The averments of Paragraphs 1 through 8 herein are hereby incorporated
by reference thereto,
10. The marriage is irretrievably broken,
COUNT II
11, The averments of paragraphs 1 through 10 herein are hereby incorporated by
reference thereto,
12. Plaintiff and Defendant have acquired property, during their marriage until the
date of their separation, which property is marital,
13. Plaintiff requests this Court to preserve his right to have all marital property
of the parties equitably distributed.
WHEREFORE, Plaintiff prays Your Honorable Court to:
(a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of
matrimony heretofore existing between Plaintiff and Defendant; and
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(b)
Order equitable distribution of marital property; and
(c)
Order such other relief as the Court deems just and reasonable,
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C,
By~
PAUL f. E OSITO, ESQUIRE
Post Office Box 1268
Harrisburg, PA 17018-1268
Supreme Court 1D #25454
Attorneys for Plaintiff
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VERIFICATION
1 veruy that the statements contained in the foregoing COMPLAINT IN DIVORCE
are true and correct to the best of my knowledge, information and belief. I understand that false
statements contained herein are made subject to the penalties of 18 Pa, C. S. Section 4904 relating to
unsworn falsification to authorities,
Date:
II (,,/ CO
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Paul j, Esposito, Esquire - I.O, #25454
320 Marice! Street
Post Office Box 1268
Harrisburg, P A 17108-1268
Attorneys for Plaintiff
MICHAEL T. SARlANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1168 CIVIL TERM
HYON SOOK SARlANO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF DAUPIllN
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says
that on March 3, 2000, he sent a certified copy of a Complaint in Divorce by certified mail, return
receipt requested, restricted delivery, to Hyon Sook Sariano, 488 Woodcrest Drive, Mechanicsburg,
P A 17055, and the return receipt card signed by Hyon S, Sariano, and shown as being delivered
March 4, 2000, is attached hereto and made a part hereof.
P~umE
Sworn to and subscribed
before me this 7th
Notarial Seal ,
Victoria Y. Chambers, Notary Public
Harrisburg, Dauphin County
My Commission Explr~~AP!~,:: 2003
My Commission xpires:
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
~(A ~ Soi\~o
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2. Article Number (Copy from service fabef)
-z.-I;;;1Q -W3!?- :;1,t':J...
PS Fonn 3811, Ju,y 1999
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Is d ivery address different from item 1?
If ES, enter delivery address below:
3. SelVlce Type
~ertified" Mail
o Registered
o Insured Mail
o 'Agent
o Ad.dr~ssee
DYes
o No
o Express Mail
o Return Receipt for Merchandise
o C.O,D,
4. Restricted Delivery? (Extra Fee)
Domestic Return Receipt
)l<Z Yes
,
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Paul J. Esposito, Esquire - lD. #25454
320 Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Attom'ys for Plaintill'
MICHAEL T, SAR1ANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2000-1168 CIVIL TERM
HYON SOOK SARIANO,
Defendant
CIVIL ACTION - LAW
IN DNORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on March
1, 2000,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
~ ~ -aOO t;.
~~-~~
MICHAEL T. SARIANO
73060,1
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Paul J. Esposito, Esquire - 1.0. #25454
320 Marl<et Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Attorneys for Plaintiff
MICHAEL T. SAR1ANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-1168 CIVIL TERM
HYON SOOK SARIANO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary ,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to
unsworn falsification to authorities,
Date:
~'I\q~
ICHAEL T. SARlANO .
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Goldberg. Katzman & Shipman, P.C.
Paul J. Esposito, Esquire - J.D. #25454
320 Market Street
Post Office Box 1268
Harrisburg, P A 17108-1268
Attorneys for Plaintiff
MICHAEL T. SARIANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
v,
NO, 2000-1168 CIVIL TERM
HYON SOOK SARIANO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT & WAIVER OF COUNSELING
1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on
March 1, 2000,
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,
4, I have been advised of the availability of marriage counseling and I understaod
that I may request that the Court require that my spouse and I participate in counseling, I
understaod that the Court maintains a list of marriage counselors, which list is available to me
upon request. Being so advised, I do not request that the Court require my spouse and I to
participate in counseling prior to a divorce being handed down by the Court,
5. 1 acknowledge that I received a copy of the Complaint in Divorce on or about
March 4, 2000,
I verify that the statements made in this Affidavit are true and correct. I understaod
that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904,
relating to unsworn falsification to authorities,
,~ Date: r c. J""", ]J /
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Paul J. Esposito, Esquire. I.D. #25454
320 Market Street
Post Office B()x 1268
Harrisburg, PA 17108.1268
Attorneys for Plaintiff
MICHAEL T, SARIANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
v,
NO, 2000-1168 CIVIL TERM
HYON SOOK SARIANO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is fIled with the
prothonotary ,
I verify that the statements made in 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.
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'HY1S00K SARIANO
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Goldbe<g, Katzman & Shipman, P,C,
Paul J, E'I'OSito, Esquire - I.D, #25454
320 Markot Slreot
Post Office Box 1268
Harrisburg. PA 17108-1268
Attorneys for Plaintiff
MICHAEL T. SARIANO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-1168 C1VlL TERM
HYON SOOK SARIANO,
Defendant
C1VlL ACTION - LAW
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA
Kindly withdraw the following claim contained in the Complaint in Divorce filed in behalf
of Plaintiff in the above-captioned action: Count II for equitable distribution,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
PAUL 1. :SP ITO, ESQUIRE
320 MarlCet Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ill #25454
Attorneys for Plaintiff
Date:
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