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Home My WebLink About97-04627 " , , " II " , , " j, , , " " I 1 i " i' " " (2 \n ,) ."'.-:! .,., , I '1,1, ,~~. J ,! II I " fi U")./ " " , , -~, 'J Ii /,1., .' '-/1 ,.1 . .1.5 I r',) 'Irl .' .. ..:l -.,! i -~ :'i! d "'-:, . I ,I' " SEPARATION AGREEMEN'r AND PROPERTY BE'M'LEMENT This Agreement, made and entered into this If) I" day of AprU, 1997, between Patricia Ann (Peske) JuIJana, of 432 Appletree Rood, Camp HUI. Cumberland County, PenOllylvania, hereinaner referred to aa 'Wife', and Mark Alan Juliana, of 216 South 16th Street, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to aa "Husband', WHEREAS, the parties hereto are now Wife and Husband, hnving been lawfully married to each other on September 20, 1986 in Dauphin County, Pennsylvania; WHEREAS, there have been three children born of this marriage between Husband and Wife, to wit: S8Il\llJltha Elizabeth Juliana born October 1, 1987; Christopher Alan Juliana born May 29, 1989; WId Nicholas Antonio Ju\Jana born May 2, 1991. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal righta and the implicatioOll of this Agreement and the legal cOOllequences that may and will eOllue from the execution ,hereof, and each has had the opportwtity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, aa part of the cOOllideration of this Agreement, that each haa fully and completely disclosed all information of a rmancial nature requested by the other, and that no Information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than aa set forth herein, Wife desires finally and forever to relinquish aU of her rights to be supported by the HusbROd and all of her right of dower, rights aa heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, ROd all rights to alimony, alimony pendente lite, counsel fees, or expenses ROd, other than aa set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights aa heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the r~a1 and persona! eslote of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parUes hereto Intending to be legttlly bound hereby do hereby mutually ogree 88 follows: 1. Separutlon, Husband ,uld Wife do hel'eby mutually agree BIld consent to live separate and apart BIld do further agree that it slUll! be lnwful for the HusbBlld and Wife at all times hereafter to live separate BIld apart from each other, and to reside, fromUme to time, at such plnee or places OB they respectfully shnll deem fit, free from ony control or restroint or interference, direct or indired, by each other, 2, No Molestation, HarB88ment or Interference, Neither party sholl molest, harOBS or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3, Mutuall'roperty llnd Estate Waiver, Except as otherwise expressly set forth herein, in which event such express provision shalltnke precedence over this paragraph, the parties hereto intend thot from and oner the dllte of this Agreement, neither sholl have BIlY spouse's rights in the property or estate of the other, and to that end both pnrties waive, relinquish, BIld forbenr the rights of dower ur curtesy, rights to inherit., rights to claim or take the Husband or Wife's or flUJ1ily exemption or allowance, to be vested with lellers of odminbtration or I"llers testrnnentllry, or to laJ<e IlgainstlUlY will of the other, and each agrees with th.. other if either should dip inteslnte, his or her shore shall descend to vest in hi. or her heirs at ~lW, personnl representatives, ond next of kin, excluding the other as though he or she hod died a widow or widower, Ami eoch further agrees that should the other die testate, his or her property shall descend to and vest In those persons set forth in the other's L8.0t Will and TestlUJ1ent 8B though the spouse so designated os benelicinry hod predeceOBed the testator, The parties further ogree thatthoy may and can hereoner, os though unmarried, withunt allY joinder by him or her, .ell, convey, transfer or encumber any IUJd all real estnte nnd personlll property which either of them now or hereal\er own or possess IUJd further agree thnt the recording of this Agreement shall be conclusive evidence to all of hIa or her right to do so, The 811id Ihl8bllnd nnd Wife do herehy Irrevocllbly grant, ench to the other, should the exercise of this power hereby given be neceslllll'Y, the right ond the power to appoint one or more times BI\Y perSOll or persons whom the lIusbnlld or Wife shnll deslgTUlte to be the attorney.ln'fBCt for tho other, In their nome IIlld III their stead, to execute nnd BCknowledge any dced or deeds, rele08"s, quit cloims, or 8Dtisfactlons, under seal or otherwlsc, to el\l1blc either party hereto to olleoote his or hcr real or personol property, but without BI\Y powcr to Impose personBl IInbiUty for breoch of wnrrw,ty or otherwise, ElICh of thr! parties hereto further wnlves noy right of election conto\ned In Chapter 22 of the Pennsylvania Probnte Estoteslllld Fiduciaries Code, nnd BI\Y right to seek or have 011 equitable distribution of married property ordered by the Court subsequent to Sectioll 3502 of the Divorce Code. Eoch of the parties hereto further agrecs thnt neither shnJI hereafter be under IIllY lego1 obligations to support the other, pay BI\Y expenses for molntellW1ces, funeral, burlol, or otherwise for the other, OI1d to that end each of the parties hereto does hereby wnive BI\Y right to receive support, olimollY, alimony pendente lite, counsel fees, expellses, or MY type of fl/lWlCIol R8sistnnce whatsoever from the other, except 8ll otherwise expre88ly provided for herein, 4, Child Custody, The parties hereby agree that they sholl have Joint lego1 custody of the children with the Husband hoving primary physicol custody subject to such periods of temporary physicol custody by the Wife llll the parties may mutuolly agree, 5, Support a, Child Support, The Husbnnd hereby agrees to wnlve BI\Y clnlm for child support for a period of one year from the dBte of this agreement, On the Ilrst IIllnlversary of this ogreement the parties sholl discuss child support bB8ed on the situation 88 it then exists, b, Medlcol Care for the Children, The Husband will carry medicBl insurllllce through his employer on the children, The lIuRbRlld further agrees to pay 011 medicol costs of the children not covered by Insurnnce for 8 period of one year from the date of this agreemellt, On the lint annlverlllll'Y of this agreemellt tho parties shnJI renegotiate the excess expenses, 6, D1vlalon or PUl'lIOnal Property, a, The parties have divided their personal property to their mutual lI8t1sractlon, Hencerorth, eneh or the parties shall own, have and eJ\loy, Independently or any claim or right or the other party, nil Itema or personn! property or every klnd, nature and dellCrlptlon md wheresoever situated which are now owned or held by or which may herelnaf\er belong to the Husband or Wlf'e respectively, with rull power to the Husband or Wire to dispose or the lWlle 08 fully and eITectunIJy in nil respects and ror 011 purposes 08 If' he or she were unmarried, b, The parties agree that the 1990 Volkswagen Cabriolet shall be the sole and exclusive property oCthe Wlf'e, The parties rurther ogree tltot the 1992 Buick Roadmaster Wagon shnIl be the sole and exclusive property or the HUSba:ld, c. Personal eITects, All Items or personal eITect such 08 but not limited to jewelry, luggage, sports equipment, hobby collections and books but not lncluding rurnlture or any other property, personal or otherwise speclllcnlly disposed or pursuant to thib agreement shall become the sbsolute and sole property or the party who has Itod the prlnclpnl use thereor or to whom the property Wl\8 given or rorm whom It wos purchased, and each party hereby surrenderslUl)' interest he or she may have in such tangible personn! property or the other, 7, Real Estate, The portles are the joint uwners or a marital home located at 216 South 16th Street, Camp HUl, Cumberland County, Pennsylvania, This ren! estate W88 appraised In 1996 at $95,000,01), There are two liens against said property one being the York Federnl Mortgage account number 0100065520 with a current balance or $72,397,39 and an Installment Loan account with York Federnlaccount number 0001177710 with a current balance or $9,451,37, The parties hereby agree that the marital home ~hllll be the sole and exclusive property or the Husband, The Husband sh.ollllllSume the liability on 1;le two York Federnl Uens and lndemnJry and hold the Wlf'e harmless rrom any liability on thOle accounts, 8, Debts, The Husband hereby agrees to OSSUl11e the liens slated In par"lll'aph 6 above and the following joint marital debts: Chrysler Credit account number 113322323748494 with a ImIance of '9,957.45; Sears charge IICCOunt number 5484090573362 with a balance of '3,769,76; DLecover llCCount number 6011002220008894 with a balance of t2,548,50; and EslRte TlIlllICCOunt number 178600596 with II balance of '363,22, 9, Future Debts, The parties further Ilgreo that neither will Incur any more further debts for which the other nmy ')e held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmlE'8S from any and Il!l lillbillty thereof, 10, Waiver of Alimony. In conshlerotlon of the mutllll! agreement of the portles voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the partles and other good and valuable consideration, tlJe parties agree to waive any and Il!l claims for any alimony, 11. Pension, Both parties agree to waive any claims they nmy have to any pension or employment benefits of any kind, earned during the marriage, by the other party, 12. Counlel Fees and Court Costs, The parties agree that ellCh party shall be responsible for their own fees and costs In the preparation of this agreement os well os any future divorce, 13, Divorce, There is currently no divorce IICtlon pending between the parties. The portles further agree that in any future action for divorce that this agreement ahall represent full and complete settlement of Il!l economic claima In said divorce, 14. Breach, In the event that either party breoches any provision of this Soparatlon and Property Settlement Agreement, he or she shall be responsible for any oud Il!l costs Incurred to enfOl'Ce the terms hereof, including, but not limited to, court costs and reosonable counsel fees of the other party, In the event of breach, the other party shall hove the right, at his or her election, to sue for darnages for such breach or to seek such other and additional remedies os nmy be Ilvailable to him or her, 15, Enforcement, The parties agree that this marital settlement agreement or any part or parts hereof nmy be enforced In any court of competent jurisdlctlon, -- ~~ , " " " ;I '11 " i'l i/ " .1.1 ,') h;~ ....l I' ., I " I " I') , - i I , ~}J I " " , :'1 , I " , " , , , " I ('-.', , " , .l I " " :) .', ~ .... , ,\'..) ~. . ( " , , " ,I " , ' ,; , , , " lli I " , , " , , " , . " ,I 'I " , : '.. , , n '" n (.":: -.j ":1 ;. ~ -!t) -Cl.i;' ,.~ " t~" I '.~ -) i i '] ., ~ ~ - t ,,-,I ....) 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I ,., , ,) ;;J t~) -'~ I " " " " '" II , , 'I Co \;1 , , :, " " , , , " MARK ALAN JULIANA, PlaIntllT, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA v, , . I NO, 9704627 CML TERM PATRICIA ANN JULIANA, Dtfendant , , I CML ACTION. LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TIlE DIVORCE CODE I, I consent to the entry of a l1nn1 decree of divorce without noUce. 2, IlInderstand that I may Icse rights concerning allrnony, 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 untU a divorce decree is entered by the Court Bud that a copy of the decree will be sent to me immediately al\er it is rued with the prothonotary, I VERIFY 'I'HA'f 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. \~~.~. (\ ~, "', ) (d. I ( , Patricia Ann Juliana ( , , " \.t! Date " , , ,; , jl , , " " " I,! , , ,! j , , " rj ~n ~ .1 r-~ '.J :~) " 't-d, jll .. 1I'}i ,rJ 'I] ,- I 'C') ''11 ' :1 " :..1 ,. "l f".,) Jr','! -I; .. ,j ;';j (:) fJ .--. .." " I, 1" , , , " " " , , , , , , , " , , , , , ., i " " ", , , , " " , I , n ,It.''I <il , , ....j '') -J 1 ill,1 1;;';1 , ' 'J ,h'l I ., ,\ ' , ~8 (:"" f:/J ...: .', I'\') - ,jll' " - , , "~ .. " 0 ..J ,j,- t.... , , , , I , , , , " , --.---_.%.l. AS OF 11- /3 -02CL)~ CASE# lqq7 - 4~:J- 7 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M It P. 1'\ A L..A rJ J L{ L I A N A Plaintiff U"TR\LI A Vs ANN JULIANA Defendant File No. 0,1-4&27 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking ''x''] _ prior to the entry of a Final Decree in Divorce, . . or 'l after the entry of a Final Decree in Divorce dated :D::c.CM i?lEt\ 17, l'i ~ 1 hereby elects to resume the prior surname of YE. S \<. f . , and gives thi~ written notice avowing his / her intention p to the provisi ns of 54 P.S. 704. Date:~ . CN\..J.>.-.. ~~ L \)~ Signature of name being resumed COMMDNWEALTH OF PENNSYLV.ANIA ) COUNTY OF CWr\berlA.nd ) On the 1.3+1- day of NDvember . , 200..l0 before me, the Prothonotary or the notary public, personally appeared the above affiant mo'Wn to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. "'-.lvll K. ~ Prothonotary or N ary PublIc IOTNIIM. lEAL fRCnHONOT~ fl)TMY.... CIII&E CUIM.NI) ccum COUR'IHOU8E MY COMIII8mN __.MIURY", .,0 r- .~~'tY,Ip.A:r;::.t -, t Ol.!IJU1 Yt"t:Ct'l .'f~,:,r~:;I!{l..rroP1 . ( l:iJ~TltttOa Yi'n.iOO (jAAJH;;y,~Ij;) l}:~!,l~~~' Q~rt" "\'ltAij'H,1 ",,;.,!,.,,~!Jt{;;";:1;',v(' ';,.A i. \.!j;~-~tP' ..('.#1 l{'.;"" (,; .,~-;:-J ~...-,..-.,J"N I .JV "', ,~ .,. ~",_,-,,~,,",.~~~,.,...,.....,..A