HomeMy WebLinkAbout04-3975DONNA L. JULIANA,
Plaintiff
v.
ANDREW T. JULIANA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. ? ,3 9 7,S CIVIL TERM
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 at the
Cumberland County Courthouse, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
fl\div\JOLIANA,omplaint
DONNA LOUISE JULIANA,
Plaintiff
V.
ANDREW THOMAS JULIANA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
1. The Plaintiff in this action is DONNA LOUISE JULIANA, an
adult individual, who currently resides at 800 York Road, Lot #111,
Dover, York County, Pennsylvania 17315.
2. The Defendant in this action is ANDREW THOMAS JULIANA, an
adult individual, who currently resides at 387 Steigerwalt Hollow
Road, Fairview Township, York County, Pennsylvania 17070.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on October 2, 1976, in Camp Hill, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
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6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is irretrievably
broken.
7. The Plaintiff avers that two (2) children have been born of
this marriage.
8. The Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request that the court
require the parties to participate in counseling.
9. The Plaintiff requests the Court to enter a decree of
divorce.
COUNT I - ALIMONY AND ALIMONY PENDENTE LITE
10. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
11. The Plaintiff, DONNA LOUISE JULIANA, birthdate: March 26,
1956, currently lives at 800 York Road, Lot #111, Dover, PA 17315.
The Defendant, ANDREW THOMAS JULIANA, birthdate: September 8, 1954,
currently receives mail at 387 Steigerwalt Hollow Road, New Cumber-
land, PA 17070.
12. The Plaintiff, DONNA LOUISE JULIANA, requires reasonable
support and alimony to adequately maintain herself in accordance with
the standard of living established during the marriage.
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WHEREFORE, the Plaintiff, DONNA LOUISE JULIANA, requests the
Court to allow alimony and alimony pendente lite as it deems reason-
able pursuant to §3701 and §3702 of the Pennsylvania Divorce Act.
COUNT II
Request for Counsel Fees, Costs and Expenses Under
§301(a)(1), §401(b) and §502 of the Divorce Code
13. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
14. Plaintiff is without sufficient funds to pay the necessary
counsel fees, costs and expenses.
15. Without competent counsel, Plaintiff cannot adequately
prosecute her claims against Plaintiff and cannot adequately litigate
her rights in this matter.
16. Defendant enjoys a substantial income and is well able to
bear the expense of Plaintiff's attorney and the expense of this
litigation.
WHEREFORE, Plaintiff respectfully requests that, pursuant to
§301(a)(1), §401(b) and §502 of the Divorce Code, the Court enter an
Order directing Defendant to pay Plaintiff's reasonable counsel fees,
costs and expenses.
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COUNT III
Request for Equitable Distribution
of Marital Property Under
§3502(a) of the Divorce Code
17. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
18. The Plaintiff and Defendant have acquired property both
real and personal which are held in joint names and in individual
names during their marriage until the date of their separation.
19. The Plaintiff and Defendant have been unable to agree as
to an equitable distribution of said property.
I
WHEREFORE, Plaintiff prays for the entry of an order distributing
all the aforementioned property real and personal as the Court may
deem equitable and just plus costs.
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I verify that the statements made in this complaint are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 P.C.S. ;4904, relating to unsworn falsification
to authorities.
?f DONNA LOUISE JULI )NA
Date:
STONE LaFAVE HEKLE
/
By
ELIZABI STONE, SQUIRE
Sup r, o ID # 0251
41 idge S reet P.O. Box E
Ne,ya Cumberla d, A 17070
telephone 7 -7 4-7435
i
Attorneys o Plaintiff
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DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3975 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys
for the plaintiff hereby certify that I served the Complaint in
Divorce in the above captioned matter on the defendant, Andrew T.
Juliana, at 387 Steigerwalt Hollow Road, New Cumberland, PA 17070, by
United States Certified Mail, postage prepaid, restricted delivery, on
August 16, 2004, as evidence
receipts.
SWORN TO AND SUBSCRIBED
befo e me this 2194 day
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DONNA L. JULIANA, Plaintiff
vs
ANDREW T. JULIANA, Defendant
Case No. 04-3975 Civil Term
Statement of Intention to Proceed
To the Court:
DONNA L. JULIANA, Plaintiff herein
Print Name Elizabeth B. Stone, Esq. Signr
Date: November 1, 2007 Attom
Explanatory
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter witli prejudice for failure to prosecute." If a party wishes to pursue the matter, he or same
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 04-3975 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3341(C) of the Divorce Code was filed on August 12, 2004.
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 of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
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Date: ??a-?IOQj By:
JkNMEW T., ULIANA, DEFENDANT
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 04-3975 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER § 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 18 Pa. C.S. § 4904 relating to unsworn falsifica-
tion to authorities.
Date: S4zl o 6 By:
ANDRE"IANA, DEFENDANT
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 04-3975 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on August 12, 2004.
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 of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Date: BI?? By:
DONNA L. JULIANA, PLAINTIFF
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 04-3975 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER § 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 18 Pa. C.S. § 4904 relating to unsworn falsifica-
tion to authorities.
Date: $ a-5 bt By:
DONNA L. JULIANA, PLAINTIFF
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AGREEMENT
6y_ 3q 7
THIS AGREEMENT, made this /B day of r-r1 y ,
2008, by and between DONNA L. JULIANA, of York County, Pennsylvania,
(hereinafter referred to as "Wife"), and ANDREW T. JULIANA, of York
County, Pennsylvania, (hereinafter referred to as "Husband");
WITNESSETH.
WHEREAS, Husband and Wife were lawfully married on October 2,
1976, in Camp Hill, Cumberland County, Pennsylvania, and;
WHEREAS, there are two adult and fully emancipated children born
of this marriage;
NOW THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth and
for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. Disclosure of Assets. Each party asserts that he or
she has made a full and fair disclosure of all of the real and
personal property of any nature whatsoever belonging in any way to
each of them of all debts and encumbrances incurred in any manner
whatsoever by each of them, of all sources and amounts of income
received or receivable by each party, and of every other fact
relating in any way to the subject matter of this agreement. These
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disclosures are part of the consideration made by each party for
entering into this agreement.
2. Preparation of Agreement. This agreement has been
prepared by Elizabeth B. Stone, attorney for the Wife. The Husband is
represented by Jordan D. Cunningham, Esquire. Both parties have
carefully reviewed this Agreement with each of their respective
attorneys, and are completely aware, not only of its contents, but
also of its legal effect.
3. Lawfulness of Separation. 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 provisions 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.
4. Freedom from 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, separate and apart from the other.
5. Release of Claims. Wife and Husband each do hereby
mutually remise, release, quit-claim and forever discharge the other
and the estate of such other, for all time to come, and for all
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purposes whatsoever, of and from any and all rights, titles 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 she or he now has or at any time hereafter may have against
such 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 of 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 other
country, or any rights which Wife may have or at any time hereafter
have for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except, and
only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this agreement or for the
breach of any thereof. It is the intention of Wife and Husband 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
-3-
or may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or which may
arise under this agreement or for the breach of any thereof, subject,
however, to the implementation and satisfaction of the conditions
precedent as set forth herein above.
6. Warranty as to Future Obligations. Each party
represents that they have not contracted any debt or liability for
the other for which the estate of the other party may be responsible
or liable, and that except only for the rights arising out of this
agreement, neither party will hereafter incur any liability
whatsoever for which the other party or the estate of the other
party, will be liable. Each party agrees to indemnify or hold the
other party harmless from and against all future obligations of every
kind incurred by them.
7. Assumption of Liabilities. Paragraphs 8 and 9 below
set forth the method for the payment and assumption of the debts and
liabilities of the parties. Since the assumption is not binding on
the creditor, the party assuming the debt agrees to indemnify the
other party in the event the creditor seeks to hold such other party
liable. Should the parties wish to bind the creditor and relieve the
original debts from all liability, a novation should be executed.
8. Assumption of Debts. Husband assumes and agrees to pay
and hold the Wife harmless against the following debts and
obligations:
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(A) Husband shall assume full responsibility for any and
all payments, penalties, taxes related to the maintenance, mortgage
or sale of any and all properties heretofore transferred in title
from Husband and Wife's name into Husband's name alone.
(B) Husband shall assume responsibility for payment of all
outstanding loans due and owing to Fulton Bank, N.A. related to the
marital residence located at 387 Steigerwalt Hollow Road, New
Cumberland, Pennsylvania.
(C) Husband shall assume responsibility for any all credit
card debts acquired post separation regardless of whether those cards
are held in joint names. The parties acknowledge that Husband has
been the primary card holder and user of those cards since June 27,
2003, and therefore, solely responsible for all debts incurred
therefrom.
(D) Husband shall assume responsibility for any and all
loans related to the business of Bavarian Motors to Fulton Bank,
N.A., or its successor in interest.
If any claim, action or proceeding is hereafter brought seeking
to hold the Wife liable on account of such debts or obligations, the
Husband will, at his sole expense, defend the Wife against any such
claim, action or proceeding, whether or not well founded, and Husband
will indemnify and hold Wife harmless from and against such claim,
action or proceeding.
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9. Assumption of Debts. Wife assumes and agrees to pay
and hold the Husband harmless against the following debts and
obligations that she has or may have incurred since July, 2003,
specifically:
(A) Wife agrees to assume the mortgage held by Susquehanna
Bank (formerly Community Bank), on her mobile home, located at 800
York Road, #111, Dover, PA 17315,
(B) Wife agrees to assume the debt and pay the balance off
on her own Discovery Card.
If any claim, action or proceeding is hereafter brought
seeking to hold the Husband liable on account of such debts or
obligations, the Wife will, at her sole expense, defend the Husband
against any such claim, action or proceeding, whether or not well
founded, and Wife will indemnify and hold Husband harmless from and
against such claim, action or proceeding.
10. Personal Property. Both parties herein agree that any
of Wife's household goods, personal effects, clothing, kitchen
appliances, kitchen ware, and other personal items that were brought
into the marriage or marital items that were agreed to be divided
between the parties still remaining in the marital home after this
agreement is signed will be removed within 90 days of the signing of
this agreement. Husband agrees to provide ample time for the removal
of Wife's property from the home during this time period. Any
property that should remain in the marital home after said date will
become the sole and separate property of Husband. The parties have
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provided a list to each other of those personal property items that
will be or should be divided between themselves. Each of the parties
does hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, she or he may have with respect to any of
the above items which are the sole and separate property of the
other.
11. Cash. All other cash (either in a checking or savings
account) presently in the possession of either party shall be and
remain their separate property, free and clear of any claim
whatsoever on the part of the other.
12. Property Not Provided For. The parties hereto agree
that they have, by the terms of this agreement, settled, to their
mutual satisfaction, all rights that either may have in their
property, whether owned by them jointly or separately, real and
personal, and wheresoever situated. Any property not specifically
provided for in this agreement, which the Husband or Wife owns or has
the right to control or possess, shall be and remain his or her
property, free and clear from any claim on the part of the other.
13. Real Estate. The parties have heretofore transferred
jointly held Tenants by the Entireties deeds of four (4) properties
located on Steigerwalt Hollow Road, New Cumberland into Husband's
name alone. Both parties understand that this was done to insulate
and protect Wife from any future litigation, bankruptcy or
foreclosures in light of the impending divorce. As a result of these
transfers, it is still understood by both parties, that in the event
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that Fulton Bank, N.A., exercises its right to foreclose on any of
the outstanding and still unsatisfied liens, that any net proceeds;
however insignificant, due to Husband shall be shared equally with
Wife.
The parties further understand and agree that one of the
above referenced properties is jointly owned by Peter and Marie
Juliana and Andrew and Donna Juliana. This real estate has a house
and sits on approximately four (4) acres of land. The parties' son
has been living on this property for the last several years, and the
Wife has been solely paying the mortgage. In the event that this
property is ever sold, Wife is to receive one-half of the net
proceeds, thus sharing equally with Peter and Marie Juliana in any
net proceeds therefrom the sale of said real estate.
14. Waiver of Alimony. The parties herein acknowledge that
by this agreement they have each respectively secured and maintained
a substantial and adequate fund with which to provide themselves
sufficient financial resources to provide for their comfort,
maintenance and support in the station of life in which they are
accustomed. Wife and Husband do hereby waive, release and give up
any rights they may respectively have against the other for alimony,
support, alimony pendente lite or maintenance. It shall be from the
date of this agreement the sole responsibility of each of the
respective parties to sustain themselves without seeking any support
from the other party.
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15. Payment of Attorney Fees. Each party of this
agreement hereby agrees that each of them will be solely responsible
for the full payment of all attorney's fees and other costs
heretofore and hereafter incurred, respectively, by each of them in
connection with the negotiation, preparation, and execution of this
agreement, and in connection with any action commenced by either
party with respect to the divorce of the parties. Each party further
agrees hereby to indemnify and hold the other party harmless from any
demand, claim, loss, cost and expense (including additional
attorney's fees) arising from a failure to pay all of the aforesaid
attorney's fees and other costs.
16. Informed and Voluntary Execution. Each party to this
agreement acknowledges and declares that he or she, respectively:
a. Is fully and completely informed as to the facts
relating to the subject matter of this agreement and as to the rights
and liabilities of both parties.
b. Enters into this agreement voluntarily after
receiving the advice of independent counsel, free from fraud, undue
influence, coercion or duress of any kind.
C. Has given careful and mature thought to the making
of this agreement.
d. Has carefully read each provision of this
agreement.
e. Fully and completely understands each provision of
this agreement.
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17. Subsequent Divorce. The parties hereby acknowledge
that Wife has filed a complaint in divorce in Cumberland County,
docket #04-3975, claiming that the marriage is irretrievably broken
under Section 3301(c) of the Pennsylvania Divorce Code. Husband
hereby expresses his agreement that the marriage is irretrievably
broken and expresses his intent to execute any and all affidavits or
other documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301(c) of the Divorce Code at the same
time as he executes this agreement. The parties hereby waive all
rights to request court ordered counseling under the Divorce Code.
It is further 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 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 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 the specific
intent of the parties to permit this agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
-10-
18. Mutual Cooperation. The Husband and the Wife shall
each concurrently herewith, or at any time hereafter on the demand of
the other, execute any other documents or instruments, and do or
cause to be done any other acts and things as may be necessary or
convenient to carry out the intents and purposes of this agreement.
19. Severability. If any provision in this agreement is
held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue
in full force and effect without being impaired in invalidated in any
way.
20. Reconciliation. If there should be a reconciliation of
the parties after the date of execution of this agreement, this
agreement shall nevertheless continue in full force until it is
modified or abrogated by another written instrument to that effect
signed by each of the parties hereto.
21. Future Earnings. All income, earnings or other
property received or acquired by either party to this agreement on or
after the date of execution of this agreement shall be the sole and
separate property of the receiving or acquiring party. Each party,
as of the effective date of this agreement, does hereby and forever
waive, release and relinquish all right, title and interest in all
such income, earnings or other property so received or acquired by
the other.
22. Waiver of Rights. Each of the parties hereby
irrevocably waive all rights which he or she may have to request any
-11-
court to equitably distribute the marital property of the parties or
to have alimony, alimony pendente lite or counsel fees awarded to
either party, it being the express intention of the parties hereto to
fully settle all claims which they have with respect to each other in
this agreement.
23. Enforcement. If either party shall bring an action or
other proceeding to enforce this agreement, or to enforce any
judgment, decree or order made by a court in connection with this
agreement or the divorce of the parties, the prevailing party shall
be entitled to reasonable attorney's fees from other party..
24. Waiver of Breach. The waiver of any term, condition,
clause or provision of this agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or provision
of this agreement.
25. Survival of Agreement. If any term, condition, clause
or provision of this agreement shall, by its reasonable
interpretation, be intended to survive and extend beyond the
termination of the marriage relationship presently existing between
the parties hereto, said term or terms, condition or conditions,
clause or clauses, provision or provisions, shall be so construed,
being the express intention of both parties hereto to have this
agreement govern their relationship now or hereafter, irrespective of
their marital status.
-12-
26. Jurisdiction. This agreement shall be construed under
the laws of the Commonwealth of Pennsylvania, and both parties
consent and agree to the jurisdiction of the Court of Common Pleas of
Cumberland County, Pennsylvania, on account of any suit or action
brought with respect to this agreement or any provisions or matters
referred to in any provisions thereof.
27. Agreement Binding on Parties and Heirs. This agreement
shall be binding in all its terms, conditions, clauses and provisions
of the parties hereto and their respective heirs, administrators,
executors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year above first written.
SS DONNA L. JIULIANA
A?T-Id-----'
A DREW T. ANA
-13-
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ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
DONNA L. JULIANA,
Plaintiff
V.
ANDREW T. JULIANA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 04-3975 CIVIL TERM
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 Section ® 3301C ? 3301D of the
Divorce Code. (Check applicable code)
2. Date and manner of service of the complaint August 16, 2004, via service upon Defendant,
Andrew T. Juliana, by United States Certified Mail, postage prepaid, restricted delivery.
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 08 /28 108 by defendant 08 /28 108
(B) (1) Date of execution of the affidavit of consent required by section 3301(C) of the
divorce code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent
4. Related claims pending: No claims raised
(Complete either (A) or (B).)
(A) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(B) Date plaintiff's Waiver of Notice in § 3301(Cy Divorce was filed with the
Prothonotary:
Date defendant's Waiver of Notice in § 301(C) Divorce was filed with the
Prothonotary:
By: /fz
ELI . STO , ESQUIRE
? Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DONNA L. JULIANA
VERSUS
ANDREW T. JULIANA
N 0. 04-3975
DECREE IN
DIVORCE
0-r? 6x- t. -0 ?/. M .
AND NOW, IT IS ORDERED AND
DECREED THAT DONNA L. JULIANA , PLAINTIFF,
AND
ANDREW T. JULIANA 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;
The Agreement dated July 18, 2008, and is hereby incorporated but not
merged into the Decree in Divorce', =-
Y T H ESQ6WRT:
ATTEST: I - I J.
PRbTH101fiOTARY
:o"bto
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DONNA L. JULIANA
Plaintiff
File No. 04-3975
vs.
ANDREW T. JULIANA IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, [select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or X after the entry of a Final Decree in Divorce dated O en. - y. 9OA ,
hereby elects to resume the prior surname of DONNA L. JONES, and gives this written notice avowing
her intention pursuant to the provisions of 54 P.S. 704.
Date:
Signal e,
DONNA L. JULIANA
Signature of name eing sumed,
DONNA L. JONES
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
On the q')` day of 2008, before me, the Prothonotary or the notary public,
personally appeared the above afrfi-ant known to me to be the person whose name is subscribed to the
within document and acknowledged that she executed the foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
f
Notary Public
CO*AONWEALTH OF PENNSYLVANIA
I NotadN awl
i Dena D. Hebnd. Nohry Public
West Manchester TWP., York Counly
! My Commission Eq*s$ 0,201
Aaember, Pennsytvanla Assogayp? or rift
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