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HomeMy WebLinkAbout01-0050 FX x.~( ".-' ~ ~.~ t ~.~ N ~ ~.; ~ ~ ~.~ ~ '~, ,.' ~ !o'.~ ~ ~.; ~ ;..; ~ ~.~ ~ ~ ~.~ ~.; , ~.~ ;, a ~.~ ~ .~, ~ ~.~ w ~.~ I y ~ l a ~.~ ;~; j li'l ~ ~.~ ~ ~ ~ I N ~ N ~ ~'s ~ ~<;~ ~ ~.; ~ ~~~ ~ ., 8 , A ,-I ) ~ ~ ~.~ .., ~ '''', k1 ~ ~ I xe< :~::<<O:: .::~::.::( ::~~::.::~,::)::<<<>':';i:::.::.::K)~)K'::~:C~:: :~~::C()::C( ::<+x ~;.>>::.~:: '_.::<<":::::.:C.~:::;~>>::( ;~::C{>::.XXC;.:.: :.::.::;.;';:~~:'~:~!+~~,}W...?).>t+1C~~>>::~,;:'~,~>>::~t::-~:c!~: :XC( :~~:c~~y:~~::.::~t:C'~;1, I i k:~ ~ i ~.~ ~.~ * ~ ~.; ~ ~ ~.~ ; ~ ~ ~ ~ ~.; I i li'.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LAWRENCE MORGAN NOVAK, Plaintiff __ _ u _ _u_u. un ""_____u___._______ ___n_"h_____ Versus I 11 I N o. ....................'O'~-5.().............W . .N-ICIA .JEi\l\T .l\1;KEl'JS.. N()VAK. (.. ~f'erJdaIlle u..... DECREE IN D}.. V 0 R C E d I/.'JrA.tA . AND NOW, . .3 ~. ~.!). . . . . . . . . . . . ., VK.. 2001, it is ordered and decreed that.. . . . .. .. .. . ~~p.I~;E. MO~AN: r.qvl';Y.. . . . .. . . .. . . . . . " plaintiff, and..................... .1~I,,];c;:il\..~.l\.:PW)i$.I\TOV&<............ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following daims which have been raised of record in this action for which a final order has not yet been entered; 'Ite Mlrriage Sett.larmt 1lg1:=,..1l data:'! Mly 15, 2001 is :in:orpxate::l J:ut rot rrergej into this .........-",................................. .'.. ........................ ", .~.~.~.~~\#~ .of.~?91.~.''''fl, ~~.~.4 !J!".~.~~............. By Prothonotary i t< ~.~ i ~.~ ~ ~.~ ~ ~ :"'S ~ ;~ ",.", ~ ~.<! ~ ~ S ~ ~.~ N :~ ;.; ~ ~ ~.~ ~ ~ ~.~ ~ ~.! ~ '.' ~ ~.~ J. ~ '.' ~ '.' ~ '.' :c.::.:{ "~::.::"':""::.':'" -"::.::'" '.::.::. ".::.::'" ':'::+::0:::>::+::<::'::+::'_ >:::+::.:'::~::.::<:::.::.::.'. _"::+::' ~"~ -.::.::.,;::.-.::.::..,..,.::.::/ ~ '.' ,.r .,...., ~ " .. .," "" I" '..'~. . '""'0. .. ",.....,.... ...." ."..,.-. ..., '.11li'll.irrnn . .~ ~ ~ 7?1;MLJ /r?t.. ~E~ ~ ~-r; /~. L '" ..; . ~ '. < .' .....~_ ~ ,_nJM"Jl/llh!t~I!'!lIfR-~~ml,=~"""", ~"_ "'~_"_"_ _~, ~.~_ 'r"' .-t'- LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 01-50 ALICIA JEAN AIKENS NOVAK, Defendant PRAECIPE TO TRANSMIT RECORD TO: The Prothonotary Please transmit the record, together with the following information, to the Court for the entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service of the Complaint was obtained on the Defendant by authorized acceptance of service on January 31, 2001, as evidenced by the acceptance of service filed on February 20, 2001. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: May 23, 2001; by Defendant: May 15, 2001. 4. Related claims pending: The parties hereby respectfully request the Court incorporate by reference in the Divorce Decree, and not merge therein, the Marriage Settlement and Separation Agreement attached hereto as Exhibit "A", pursuant to Paragraph 3 of the May 15, 2001 Mar.riage Settlement and Separation Agreement. , "~ 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: May 30, 2001. Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: May 23, 2001. Respectfully submitted, WOLFE & RICE By: 2 ~ ~ , ~ I.r ,,",-,1')' .,,':,- " , MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this j .{M day of f(l-- , 2001, by and between LAWRENCE MORGAN NOVAK, hereinafter referred to as "Husband", and ALICIA JEAN AIKENS NOVAK, hereinafter referred to as ''Wife''. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been mamed on July 24, 1999; , WHEREAS, the parties hereto separated on or about September 13, 2000; , WHEREAS, there were one child born during this marriage, Riley N0vak, born January1, 2000; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future /~4 '/'~ ~ .' ( , cpI' ,UHBT"A#' .'\l"""""'~I!IfflIl!ill!'MI'-f~=, . ""1l"!~""""" 1""1 ~"eo, _1I!IlI1I!II"(l\I\l"'ffllli'II'''''I.'''''-'''''''''_'''''''''''''I~~_~I.~,_"", . . ".~, ~-" ~'~".~.,'~ ",""""-""",".",~,,,~ -< ~~~."''1'''''1i~nm''''-=-~''''!''-'~-'''P'Q'''''>I'''''''''''_ c. f support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of H us band or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely /~1 V 7 2 rfI'. - P""""""'T"'- '" , --, ,'~-~ "" '" -~~oIl1 'I' " ,".~'" ~"-- . ~,~ - ~ ,,,,.~,,..~-_,~ ~" , m., "'"-'''~''~-''''~JI!W'- - -""-,",,-,D '-;""- independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Nora F. Blair, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Patrick W. Quinn, Esquire. The ?f ,.- -' <^/ /-'/"" ! .v' 3 tp. ;;'I]<"'-'-~"r""''''!l!'ll''@''!~llfll;!ji;,*",-",~~l., ~,,~ - ,Ir'~ ., I"" '" ...."'."''''''!I..~--"r ?"', -,-~--"" - 0- ~ , ~ ~~ """"'""" ","'~ . .>.,>4.. < _ ~ ",,~,,_, "~~~"'"'~~"'1""l'~'''~'''''''''''''''''''''''!''"n'''I''''''''''l'!'i!l~1!o; parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). 6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, /;rf /,./ .,' " L/,"'-"" 4 cyJl "j '''''-''-'''-'j!!!lW''_ "'"'""~""!"_'~ ^ , .JII'J;Il'i\~~,", ." ~~" , -""~ 1"'1~ .-p " '~r<'" -"~ ~. ~ ~ ~u 'l"I'lII'.''''-'', _""~ ,__ ,. ,f-"'_","L",,,,..m~'_ interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him Or her. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time herepfter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way //1J ;:/77 5 ~ !""-'~T~"< """"'l'"lll~<- ,~ ...~" , T ... ,. '>'<"-" ~-, "~ ~"' 1 =~ ~,_V~ A_ ~ l_"""'~~l~iil" '.' of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise Wlder this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for ~?~~.i <..:7 6 fI/ "'''''1'''''''9' ~ ",,' ",,,IlI'l!~"''''''''",Ir- "~ - ''''-''''~''"''''''''I,.,~" _ "._, ~ ,~"'!!I'lI"!I"!I!'W!"If~w ,<~, < , ~,,<" ,="'M""""m~.~~."___~,~"'_' "~"'-".~" ~""," ~,"" ,,"'~ -~-"''''''~'''~1'm\'\'lF'"'~~'~'M'"'''''Ii'i''1!f%'';' equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. BANK ACCOUNTS AND RETIREMENT ACCOUNTS. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that all accounts and plans shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Specifically Wife waives any right, title or interest she may have in Husband's , retirement with the Harrisburg School District. Both parties agree to execute any documents necessary to effectuate this paragraph. 10. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided or will in the near future divide their personal property to the satisfaction of both parties. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. ~ 7 fll . "''-''.T'!'f''~~,l!lIt_~"'~~''" . .~~.-h""~'.f.l'! - ,~~ ~.'T='_~ ~ ~m ~'1,.,.,...~~ ~ ,~ , . ~ ~,~ ~ - , ~ ~~ " r~L,", ,~~ _~,~~"",~, ,n ". '~'!'M~~~rl\o,'" .c"'_';' 11. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. 12. REAL ESTATE. Husband is the owners of a house located at 324 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania, which was purchased during the marriage. Husband shall retain said real estate as his sole and separate property. Husband shall be solely responsible for the payment of the mortgage, home equity loan and all other expenses associated with said real estate. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. Husband shall claim the house for tax purposes for 2001 and subsequent years. Wife is purchasing a townhouse at 240 White Dogwood Drive, Etters, York /:4f... " ,;>/ , f 8 a;4 'd"~""1'!"Sq(_'''''' . _ .,,,,"l'fml-%"!"""-iif~~\,,"~,_~,,,,,,",.~~~,,,~ =~ I~!~'"'"'' '~'1~'.-"'~- ~.". ~._ F~~_ ~ ~l"~-""~'"'" .~' -"~.'" '_',~"1~~,"""~'~, County, Pennsylvania. Husband agrees that said property shall be Wife's sole and separate property and Husband waives any right, title or interest that he may have in said property. 13. AUTOMOBILES. The parties are the owners of two automobiles. The 1989 Honda Accord shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any loan on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The leased 1999 Oldsmobile Alero shall be Husband's sole and separate property. Husband shall be solely responsible for the payment of any lease on his vehicle. Husband agrees to indej:nnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 14. LIFE INSURANCE. The parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. Husband and Wife each agree to retain each other, their child or a trust for the benefit of their child as the beneficiary of one-half the death benefit amount of their life insurance policies with a face value equal to or exceeding that currently in existence until the parties' child is twenty- two (22) years of age. Further the parties agree that if the face value of the ./;fjl ,/ /'" / / V 9 if!1/ . ,-- ''<T'OJ~''!I!t!--->II'~,. _~ '" =-" ~~. r~j"~'~-~ ~ ~" r~'r. 1~ ~ ~'..,.,.~~~.". ,~ - ~ ~-- ~', ~~_, _"'~,1--_~''''~~'"i_'''''' party's life insurance policies does not total One Hundred Thousand Dollars ($100,000.00), the party will name the other party, the parties' child, or a trust for the benefit of the parties' child as the beneficiary of one-half of the death benefit of the party's 401(k), Individual Retirement Account (IRA), other retirement or pension account, or other assets of the party's estate to reach a total death benefit for the parties' child of Fifty Thousand Dollars ($50,000.00) until the parties' child is twenty-two (22) years of age. If the party does not have assets totaling One Hundred Thousand Dollars ($100,000.00), the party is not required to acquire additional insurance to cover this amount. The parties acknowledge that it is the intent of this paragraph to provide for the parties' child in the vent one of the parties should die prior to the parties' child reaching twenty-two (22) years of age. 15. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solely responsible for payment of any and all debt that is in his name. If either party incurs any debt on a credit card titled to both parties or to the other party after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnity and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. "74 Lf/'~ 10 / /). ! IJI /1. ~. !M;:,.>,~ff~~""!r_~"""""'ll!'4F~~~"'~~""'" ~.~,~ '"""'_,,,_ -1 ,..~ -~I~.".."",~ ~, _'_""""~=~" ",'~~""....""-- ~""""-' ~'~""""w",~~,,,"l"""'~'~[Iil% ~ 17. TAX CONSEQUENCES: The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 18. TAX RETURNS. The parties agree that in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either party in connection with the filing of a joint federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. / / 11 ~ // -"-'IJr"'J!'illI~"""}~'''l?\l'~~~~""",. ~JW --- '--~"'1'-T-~P- ~.,,~. _" ~, """"1-~ .. ~ <, . , ~ ~'m~~..",,~,_' w ,- "., "'.,""-~,,~_~c, ~_ '" "_"'FI~=~-c:= 19. WANER OF PAYMENT OF LEGAL FEES. Wife shall be solely responsible for payment of her legal fees, if any. Husband shall be solely responsible for payment of his legal fees. Each party waives the right to have the other party pay any of their legal fees or costs. 20. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party. The parties agree that the terms of this Agreement provide for payment by one spouse for or on behalf of the other spouse and that such payments are necessary for the support and maintenance of the other spouse. Husband agrees to maintain health insurance for Wife as it is available through his employer until entry of the Divorce Decree. 21. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their maITiage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in the Cumberland County Court of Common Pleas at number 01-50 Civil Term. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may 12 ~ 1~'ffl!'7"'r"li'!ffl?'I!q"",~~"'!"~m"9''''1~'1l;; .,"~"--, m~T"r"""-- _~~,~~,~~ ~f- "' - .,,---~, ....~" ~'p , ,,~ ""'''1,..1> """'1'1'''''''''''''' ~""'l',"_",.",,,,,,, ,,~., "".~,~-""", ,", "I~ml~M!lI\llI~~"'!!~1W1_''''-'" I be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of The Code as indicated above. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 22. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability o:robligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofo:re been incurred by them, including those for necessities, except for the obligations ariSing out of this Agreement. 23. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of Obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for //~./ ~/"o/ / 13 MP.., V '-"~.':!'r-'-r:f~~~~:-.,~,,~_~~.....~~~~"l~p m=~, .-,."m""""""T--r~~~ ~ ,. ...~"'~~ ,._"".'P.l ~_._ """"~_~_~'1""'"",~~~~~Wl'l'o~ ~:'l~;'\~,:r~'T;;:;"'!\' '~i,;]S:-"'_" and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 24. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terrns hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 25. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of eXecution of this Agreement. 27. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand 7$ ~//7 ~ ?"'Yf"7!'iir!i-'i~"Wr"~ffl"W'~"'t~_,,,,,,.I!_I-,,,,,,,,, . ."'.r!k~ ''''T"P~'''''~~9 , f ~ ,~ ,- ,~ ,~~ ..... '"~~~f. ~'m , "" ^,." ,,~"'"'..'~~- .W <~~"!T" I r" ,." _ '" .". " ~ """""', ,", , " ,,,",,,,,,,",,,,,,""",,,,,,",,,,,,,, 29. 30. therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damageS for such breach or to require specific performance. The party breaching' this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. afll [/ """p;"I"~-~~r 1"1'[""'--= ~~~,~. ,~ ~ ~~ _.~~. ~~ -"~ w , ........._.. ~^ 'M"~'" _ .~ _""""_'"'''~~''''~~'''_~~'_-'''''''_''''''"'<'~^'' ' "-. ,. ,:,,_.:-, - " , 31. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragrophs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 32. 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. INWITNESSWHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~. / AN NOVAK v "l:?JJ:;F!'rmr'~'~~TI' ".,. '""""""-"~. ~. ~-~" "~-~I~"_" ~" ...f!'....., ~'..~I ~ ,'"'I10!l~,jl,~'''''"~,~. ~ nnJII"'l' ~'-~ ~ ~,-~, .. ~ ~~~. ,-''''~'I''",-'''''''''''~I . , COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF DAUPHIN {~ Public of the Commonwealth of Pennsylvania personally appeared ALICIA JEAN r~ On this, the ,~ - day of ,2001, before me a Notary AIKENS NOVAK, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. rf I C--.C;~~ Not ~ Notarial Seal lOwe~W::O~~~' Notary Public My Commission Eep.'I'r~asUP.hln County __._. ..::'~i?,~O, 2003 'T' . ..".'" .. , .- ".....--. "~ r'1'-'-? ~. ~,-, -''1 ~~~. ~~ ~ ~ ~~~ . ~,"'".,,~"'~ . _.. ~. - ,. .-~ .- - ~ ~. -~~'~"""~ .. '"",' ,!-",';'-- , , ":'.,~ . . . , , . COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF DAUPHIN On this, the IS-t!: day of ~7 , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared LA WHENCE MORGAN NOVAK, known to me to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal lowe~~':: Blair, Notary Public My Commiss~nT~~;;i~~U~~~ 1~~~~~3 'j~_'~-l'ff"~~_W"'~~~""","r"~_>IIfll """'....-'..1 ~ ~'" ~_....",~ ."",",' ,_ ""..... ~._, ~"'~~..~ ~"~~ 1~.~~"""".._~,~_~I!I'l!"l"~_';L.,,!f ,~ .. ,,< -",~"""1fi'1'11H' ~.~,~"'.=," ""c~.'1' LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS ALICIA JEAN AIKENS NOVAK, NO. 01- ~ C"u~CT~ v. Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU ARE BEING 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, First Floor, 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 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. Office of the Court Administrator Courthouse, Fourth Floor Carlisle,. PA 17013 Phone (717) 240-6200 'j'" _I q ~ ,~, --- . LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. "'/-S/J CWd f~ NO. v ALICIA JEAN AIKENS NOVAK, Defendant COMPLAINT FOR DIVORCE UNDER ~~ 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I-DIVORCE 1. Plaintiff is Lawrence Morgan Novak, who currently resides at 549 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant is Alicia Jean Aikens Novak, who currently resides at 324 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 24, 1999 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. '-i':lfjl!j'''''" " ~~ , 1';1 ^" ~ c.- 7. The parties have lived separate and apart since September 15, 2000. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order divorcing him from the bonds of matrimony with Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. The allegations contained in Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. The parties have acquired property during their marriage, both real and personal, and are unable to agree as to a distribution of same. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order equitably dividing the marital property of the parties. WOLFE & RICE, LLC By: t/\ . Quinn, Esq. ys for Plaintiff 47 W t High Street Gettysburg, PA 17325 (717) 337-3754 2 i"", ~, , ""'1-1 LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. ALICIA JEAN AIKENS NOVAK, Defendant VERIFICATION I, Lawrence Morgan Novak, verify that the statements made in this Complaint for Divorce and Related Claims 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 Date: I 'do ~I-C::>O falsification to authorities. 'I,,~- ~ 1.' ~ - ~ ," - ,', '^" = ,-" '" - ~ -, - 0 . ''''-'' '. '''''-''''''''-''',';;0 1;',,',",,' :c,~-"" .""'-)'-i-c";":j;{'~'*'_"'or:ltJJ_iJ'-"r"~'-TFr'-r'r~-"-l-' 1Y,-,>~-f.-!ffR-;:~ ~ ~ '- "C. ~ ~ '- --- "'- d ~ ':I ~ .V't ...... - d e (> ..0 8 C) t1 ~ 0 tf) I \ I ~ r~ t,:J 0- f J~ .~ ~ 0 c C) c -...., ?;.: ..-j - l.':-~ ~- ;;"" "~1 en ri: c: ; 8 7: .., ,~.' ~= ~;_: I ;._, ~2 0) \.-' i ,'-. ~ \.....; '-' \.j ., _.,-n r: ~!l= >:!(~ j~f~ r;." (:sill ..' ,,- ~ ::;~ r " -< ~_ ,__ ..,..-,,~~.J!~!t!W~!mI!'i!f!IllIDll'.~~~fi~-W'-'<0,*~;,~e-'-'<'---<'V~""i-" "";"d"-:,,~."-"1:~*:m"'~"';'\l'!!~0l~I~-"jn;:'''I!S'~''''Iti~'~~_iflffil~;'- ~ , LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 01-50 ALICIA JEAN AIKENS NOVAK, Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint for Divorce under Sections 330l(c) and 3301(d) of the Divorce Code with a Count in Equitable Distribution. I certify that I am authorized to accept service on behalf of Defendant. Date: 1/31/()f I I Mary nn Murphy Attorney-at-Law Legal Services, Inc. 8 Irvine Road Carlisle, PA 17013 -",~]!I!l1Il' 'I' i'''''r " 1, "--~ . --.. "~~-,' ,n. ~!6,=~., ".~~~1~"'" ""'" -,~~~.., ,~.~ ~ ~ VJ ~ ~~<. . " ". ~ -."". ",". ~. .,,,, () C1 ~;) ~ li ~., rid, ~-,"l "hl ;: :':G ,. z 2;- :<::: f'-.,) {n C) r:: c~- -''D ~~ (~~ ~:..~( .J ,- Fe ___pI ~r~~ -<: ..--.jl -, '1".,....",._.~~~"fflIl,JW%~,',~"c''''''~Y'''"'" W"f"'C;:C'-'''~''''~-';:'~~';~I'';I8'",*'"c'~"~'-'!!;l''''P'-'''~ ~,-c""e""'''CC:ff'-Jl''';ffi>'1''',n'~I'l1lJr-r' LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 01-50 ALICIA JEAN AIKENS NOVAK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 3, 2001. 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: 5-~3>-ClI Plaintiff Lawrence ","'Il . 1-=1 , - """~'" !!ftI'l'lll'i' ~ ,~ """IM'JIilfW I!Im!lI1lI1if , , ., "h, " " . .-,. 0- "~.~ o c. ?- (-:riP> -,. ~.-'- ,-.. J). ,25' ~::-- .,---. ._'-,.. -, .j::;;::: ~----;- .....'-.0' "' .~,.) (<I II. ~::::) '-~c. ,",j ~'''] -"": '"' f'::) _j;~~!I!1N~-1\4'lli<"6!:;f"'!']f'''---'!'';i!G'-I'Y~'''''''d,.j'-i''''''*'~~~11~~'lI~1j''1'l!{Eil.""^~l,WJ!,'ffiI!!l',,,,~ ~.~~1f!i I LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 01-50 ALICIA JEAN AIKENS NOVAK, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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: 5-23"-0 ( ;" ak, Plaintiff /~LaW;:nce Mo ..Y' ,--".- , ,r-I- "T' -"" ------=:: ~ <-~ "-", '"~ - () c') .;::; ~f~' (~~:~,- :2~',=- cc. -"~ ~ Yo>' ~ I J c:> ~:) t<) :\~ -, ~~ 'Ir -""""'1"" IT 1~~_lllf~~~l'lOl'tY"-<""~'~-{'!",1""f'f-'<J'~A\l.',\"'~;'<f'_~;IW~\!i4ii')~$I"-:Vif"1~!!WI~i~ _'_~' "~_""",.,,~~!'!i o LAWRENCE MORGAN NOVAK,: IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-50 CIVIL TERM v. ALICIA JEAN AIKENS NOVAK,: CIVIL ACTION - DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORCE DECREE UNDER SECTION 3301(c) OF THE DNORCE 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 Decree of Divorce 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. DATED: ~ fc/tJ1 a&4<~~ ALICIA AIKEN OVAK Defendant f:;;~, '_~_ -'-0 ,_, .-, ,. , ,,-, l' LAWRENCE MORGAN NOVAK,: IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. OH)O CIVIL TERM v. ALICIA JEAN AIKENS NOVAK,: CIVIL ACTION - DIVORCE Defendant AFFIDAVIT OF CONSENT L A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on January 2, 2001 and served on January 31, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Mfidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. H904 relating to unsworn falsification to authorities. DATED: ~ ( ( CSl 01 ~" . 't.'t 4 AAa Lfuc AIKENSN~~ Defend t ,_"':;W~I~fflI!l!'N"1"' .,. ". I r ""' lJIi i',-~ --- TJlf-!l , ,"~.ftI'llIi~!lIIlWiIIl1l'[ !H ~Im ~~ ",.." ,'n""YiIil'I'fllilfiffi r fi I"rrr"i!fUlI'rTt () (..::> .-, C -? 3: uu.., ":'''' m ~I: .."'..... -7 ,- ;',.,) zc: 0">- c: r..:3c c' ~C~. .~ () s> c: r:,:, ~,.::; 2; f'..) :c--: -, ::u .<, fv ~ ~~ !!ill ~__,,,,,,,,,,,,,,~'~1!'m~lIffiW<illiAA1'!\'Vt"'-j"'~J;f'i"f;,r"'j~(K,",,,"<'!?'!''''''3F,!. Y'~~'!ffi$~;;;'!I*,,"_~""""'~WT''l':'??~''Ff)'''I''~~tIlli~ LAWRENCE MORGAN NOVAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-DIVORCE AND RELATED CLAIMS v. NO. 01-50 ALICIA JEAN AIKENS NOVAK, Defendant PRAECIPE. REGARDING THE PARTIES' SOCIAL SECURITY NUMBERS TO: The Prothonotary Please accept this Praecipe pursuant to your instructions regarding the requirements of Act 127 of 1998. The parties' Social Security Numbers "are: A. Plaintiff: 300-58-5224. B. Defendant: Unknown. Respectfully submitted, WOLFE & RICE, LLC By: c2(J Patrick W. Attorneys ". 1~ , =" 1'.....1 .1 t~i\I ,,- -~""-. 'c_." ,c"c~,"" "c'.r.Jiiiri'!itIIilIlUI D . Ii IT Tllll'JiIlli ri~ ;;; c.~ ",', C' c .~.?: :> [7 ~~: (;-~, ~t ."'~ ~,~, t'"-'_...",.~.~"",~~~II!lft!iII!Imfi{!l;i'ti.,,._"~_,l'IJIl~~'W1f{sP!1t"'ifi""HtK'MWt{~~"'1;>1:1~~I-"I'l!:i~""'Ei~\!J!~~~~