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HomeMy WebLinkAbout03-2974 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 63 - 0i91l.f CI'(j'tl'---r~ JAMES GROSHANS, Plaintiff YUL Y A NOVYTSKA, Defendant : CIVIL ACTION - 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 ifyoufail 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 groundfor divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: Cumberland County Courthouse One Courthouse Square 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D.3 - ,;}~n1 C ~c>', l / ~ : CIVIL ACTION - IN DIVORCE JAMES GROSHANS, Plaintiff YUL Y A NOVYTSKA, Defendant CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is JAMES GROSHANS, (SS# 192-36-5744) a citizen of Pennsylvania whose primary residence is 1012 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is YUTIA NOUYTSKA', whose primary residence is 1012 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant are sui iuris. Plaintiff has been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October 5, 2002 in Harrisburg, Pennsylvania. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. There were no children born of this marriage. 'Ms. Novytska does not have a Social Security Number. 9. The parties have been separated as of February 2003. COUNT I. Irretrievable Breakdown and IndiKnities 10. Paragraph Nos. I through 9 incorporated by reference as iffully set forth herein. 11. The grounds upon which this action is based are irretrievable breakdown or, in the alternative, indignities to the person of Plaintiff, the innocent and injured spouse, so as to render his condition intolerable and life burdensome and a divorce pursuant to Section 3301 (c) or 3301 (a) (6) ofthe Divorce Code is sought. WHEREFORE, Plaintiff prays this Honorable Court issue a Decree in Divorce, divorcing his bonds of matrimony, pursuant to Section 3301 (c) or 3301 (a) (6) if the Divorce Code. Respectfully submitted, KREVSKY & ROSEN, P.C. DATE: 01/~/ I} JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. YULYANOVYTSKA, Defendant : CIVIL ACTION - IN DIVORCE VERIFICATION I, JAMES GROSHANS, hereby verifY that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: (, - r - ,;J ') ~/r~ J.4i:ES GROSHANS JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. YUL Y A NOVYTSKA, Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~day of June, 2003, I, Aimee 1. Paukovits, on behaIfofKrevsky & Rosen, P.C. attorneys for Plaintiff, JAMES GROSHANS, hereby certifY that I have this day served a copy of the Complaint in the above-captioned matter, by First Class U.S. Mail, Certified Mail on the following: YUTIA NOUYTSKA 1012 EAST SIMPSON STREET MECHANICSBURG, PA 17055 ll\S{\Q~ ~ ?ctu J<fAJt -bJ Aimee 1. Paukovits 110 I North Front Street Harrisburg, PA 17102 (717) 234-4583 i () ~ ...0 ~p U) ~ () f-~ g '--!.... c:> ~ g (.0) 0 ~ c..- ~'!._-r ~ C ;-n~ ~(F __ . '_" n1 J- -G. '0 '::'(l Nn ?r~:, (...) ()(~ 01;::.. -j To ;;<;,....:-: -0 ":!;::,-r1 ~C) ::c. :_';(~ .,..~, ')' ~\..-:: &:'" :.~ y ., ..". ~- '.0 Z ';:} ~ :2 .-' G JAMES GROSHANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant CIVIL ACTION- IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Yuliya Novytska, in the above-captioned matter. ~~ Michael Parker Certified Legal Intern Date: 1///! oj ) ROB THO S M. PLACE Supervising Attorney LUCY JOHNSTON-WALSH Staff Attorney l~iO~ F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 JAMES GROSHANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant CIVIL ACTION- IN DIVORCE CERTIFICATE OF SERVICE I, Michael Parker, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on Mr. Lawrence J. Rosen, Esq. At Krevsky & Rosen P.C. 1101 North Front Street Harrisburg, PA 17102-3324 by depositing a copy ofthe same in the United States mail, first class, postage prepaid, this 1/<11.. day of July, 2003. Date: 1/ /1103 NJ~ Michael Parker Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '. (') CJ (') C '-" -n $':: '- ,) 1-; c= ~J fTi h ~%~, , :'1 . J :-----1 '1' -<. . () r-. C --0 -T, <. -[1 -,:: - C5 ~:-. ,. L r-', I .., '<:.;;.- I;? ~-.:J "". C., :::--1 '-:,.' ::::j .,... :D -( CO -< JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANIl COUNTY, PENNSYLVANIA v. : NO. 03-2974 CIVIL TERM YUL Y A NOVYTSKA, Ilefendant : CIVIL ACTION - IN IlIVORCE AFFIDAVIT OF SERVICE On thi~ay of .\. J... ~ "dCY\~ , I Lawrence J. Rosen, attorney for Plaintiff, James Groshans, served the Notice to Defend in Complaint and Divorce on the Defendant, Yulya Novytska, relative to the above matter. Said service was made on July 1,2003 by U.S. Certified Mail, returned receipt requested at the following address: YUL Y A NOVYTSKA 1012 EAST SIMPSON STREET MECHANICSBURG, PA 17055 df}r----- Lawrence J. Rosen, Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 I .CanlpI-.iIImI1.nrar2torlldcftonll...... "~, flo: ... .COqIIIII....3, 41, 1IllI4II. I -Pdrt ,.......-.... an" .....01.. form 80..... GIft Mturn" I.l.=.r:io.m..... -..... - ",,,,,11Io_1...._ not . .~~,.....,,~ -an"~""""""''''''''' .. 'TIlo -. AoooIpI'" _.......... _ _ _ ond"'_ .-. I \\~;w~Y\i+S(~ \t:J\2 ffi..~-r \'fe.~\~ !I eo .!l I also _to recelv81he following lI4lIVIce8 (for an _IMI: 1. 0 Addr...II'. Adclress 2. Cl RNIl1ct8d DelMity poA'n_rfor 1118. I 11. 1 0004 1686 148 !~~: ! ~ l - J 5. _ By: (PrIm-) or Agant) .-- . 102"'-~7...0179 Domes!19 Return Receipt I u..___ ______._ .._ ._ __ _ _ _ _ __ ... p ~ ifF.", ;??:rr; :zi! !21.,~> f\.) ~ t: '.0 ~ c:\ .~~: $CS .- s:~ (,.1- :J ~ fl:;> c:-, c..., ~ :-= r;; ,}:-" -;;? ._~ ~:) _>d:i ,,::C-'. '.)n1 ...-::"/ 55 '<: t I I , \ i ~ f ( i ~"'""-=- JAMES GROSHANS, Plaintiff/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant! Petitioner : CIVIL ACTION- IN DIVORCE PETITION FOR ALlMON): NOW COMES, Yuliya Novytska, Defendant! Petitioner hereinafter "Wife", in the above captioned matter by and through her counsel, the Family Law Clinic, and files this Petition for Alimony pursuant to Pa.R.C.P. Section 1920.15 (b), and in support thereof respectfully represents the following: 1. The Parties were married on October 2, 2002 in Mechanicsburg, Cumberland County, Pennsylvania. 2. The marriage lasted less than one year during which time Plaintiff, James Groshans, hereinafter, "Husband," was the primary wage-earner and Wife was the homemaker, which was in accordance with the Husband's wishes. 3. Wife is a Ukrainian national who left her country to marry Husband. Wife sold various property in the Ukraine to prepare for her move to the United States. 4. Husband promised Wife that he would provide a better life for Wife and her two children, Polina and Kristina. 5. Wife lacks sufficient property to provide for her reasonable needs. 6. Wife is not currently employed because she does not speak the English language and she does not have the resources to obtain child care. 7. Wife does not have a college education or any other post-high school training. 8. Wife requires the award of alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 9. Husband is employed and financially able to provide for the reasonable needs of Wife. WHEREFORE, Wife requests that this Honorable Court enter an award for her of reasonable alimony. Respectfully submitted, Date: / C - g - 0...3 ?~/~ Michael Parker Certified Legal Intern g THOM M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 JAMES GROSHANS, Plaintiff/ Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant! Petitioner : CIVIL ACTION- IN DIVORCE CERTIFICATE OF SERVICl8; I, Michael Parker, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Petition for Alimony on Mr. Lawrence J. Rosen at Krevsky & Rosen P.C. 1101 North Front Street Harrisburg, P A 17102-3324, by depositing a copy of the same in the United States mail, first class, postage prepaid, this / r1 <tt=. day of October, 2003. Date:tf~ It!, ZPJ.3 t' ~~~ Michael Parker Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 JAMES GROSHANS, Plaintiff! Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant! Petitioner : CIVIL ACTION- IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Alimony are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: IO-I-.ttJ03 ~'1----- Yuliya Novytska Defendant! Petitioner o -n% n""-:. ,-,,,,,.j. 2':ri' (i') .') _.' r:~L; )>." ;j;;:::: J?-C" :2:: =< ", ~ "'":") ~ ,- c '.:) ,"-" ~ ;~f. ;-~.\ .. '_D -< ':';1 JAMES GROSHANS, Plaintiff! Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant! Petitioner : CIVIL ACTION- IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Yuliya Novytska, Defendant/Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date /tJ-/t1- 03 . Respectfully submitted, ~~~/~ Michael Parker Certified Legal Intern ~ff.~ THOMAS M. PLACE ROBERT E. RAINS LUCY JOI-INSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 o c: ~~~ z -, "- (f) -<..; r;:t ;g: s~~ j;. c~: '-, ~ .., .., ., '- '-' ,-' DJ - ). 9'1l( /} , - L.l.D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES GROSHANS V. YULIY A NOVYTSKA DOCKET NO. 03-2974 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this .!1& day of Ah.f/VtP.Ef( ~ ~ , 2004, yand between JAMES GROSHANS, hereinafter called "HUSBAND" and YULIY A NOVY SKA, hereinafter called "WIFE". WITNESSETH: ') ~ WHEREAS, Husband and Wife were married on October 5; 2002 in Cumberland County, Pennsylvania; and WHEREAS, there are no children born of this marriage. WHEREAS, certain differences have arisen between the parties as a result ofwhic they separated in February of 2003 and are desirous, therefore, of entering into an Agreement hich will distribute their marital property in a manner which is considered to be an equitable div sion of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, Husband having been properly advised by his cou sel, Lawrence J. Rosen, Esquire and Wife having been properly advised by her counsel, Jason Evans, Certified Legal Intern and Robert E. Rains, Esquire of the Family Law ~ have come CL.! IJ\ C )) \ 'r:f2 to this Agreement. The parties heretofore, intending to be legally bound, covenant, promise and agree as follows: I. CONSIDERATION. The consideration for this Agreement is the mutual promise, covenants and agreements herein contained. 2. SEPARATION. It shall be lawful for each party at all times hereafter to liv separate and apart from the other party at such place or places as he or she may from time t time choose or deem fit. The foregoing provision shall not be taken as an admission on the art of either party ofthe lawfulness of the causes leading to their living apart. 3. NO INTERFERENCE. Each party shall be free from interference, authori y and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES. The parties agree that they shall both be responsible fo their respective counsel fees. 5. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future will not contract or incur any debt or liability for hich Husband or his estate might be responsible and shall indemnifY and save Husband harmles from any and all claims or demands made against him by reason of debts or obligations incurred y her. 6. HUSBAND'S DEBTS. Husband represents and warrants to Wife that sinc the separation he has not and in the future will not contract or incur any debt or liability for w ch Wife or her estate might be responsible and shall indemnifY and save Wife harmless from ny and all claims or demands made against her by reason of debts or obligations incurred by h m. -2- 7. JOINT DEBTS. There are no joint debts ofthis marriage. A. Indemnification to Wife: If any claim, action or proceeding is hereafte initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action r proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. B. Indemnification to Husband: If any claim, action or proceeding is here fter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife unde this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action r proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 8. REAL ESTATE. Husband and Wife agree that Husband shall retain sole ownership ofthe marital residence located at 1012 East Simpson Street, Mechanicsburg, PA. Husband agrees to hold wife harmless for any expenses and/or costs related to the owners lp and/or maintenance ofthe marital residence. Wife hereby waives any claim which she m have to or against the marital residence. The various promises contained herein shall act a consideration for Wife's waiver of any and all claims which she may have on or against th marital residence. 9. ALIMONY. The parties agree to waive any rights to alimony which one ay have for or against the other. -3- 10. CUSTODY There were no children born of this marriage 11. DISTRIBUTION OF PERSONAL PROPERTY A. Household ProDerty: The parties hereto mutually agree that they have effected a satisfacto divi ion of the furniture, household furnishings, appliances. and other household personal property between them, and they mutually agree that each party shall from and after date hereof be i possession of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfac ion, all items of tangible and intangible marital property. Neither party shall make any claim to ny such items of marital property, or of the separate personal property of either party, which now in the possession and/or under the control of the other. Should it become necessary, t e parties will agree to sign, upon request, any title or documents necessary to give effect to t . s paragraph. Property shall be deemed to being the possession or under the control of either arty if, in the case oftangible personal property, the item is physically in the possession or con 01 of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, p licy or certificate of insurance or other similar writing is in the possession or control of the part . -4- 1- B. Settlement Distribution: (a) Husband agrees pay Wife the sum of One Thousand Five Hundre Dollars ($1,500.00) upon receipt offuUy executed documents requir d to finalize the parties' divorce. e. Retirement Accounts: (a) Husband and Wife shaU each be deemed to be in the possessi and control of their own individual pension or other employee benefit pans or retirement benefits of any nature to which either party may have vested or contingent right or interest at the time of the signing of thi Agreement and neither will make any claim against the other for an interest in such benefits during the period of marriage or separation cept as stated herein or subsequently agreed upon in writing. D. Vehicles. (a). Husband and Wife shaU retain their respective vehicles and hereby relinquish any and aU claims which they may have on any vehicle 0 ned or in the possession of the other. 12. MEDICAL INSURANCE. Both parties agree to continue to assume responsibilitv for their own medical insurance. -5- 13. TAX RETURNS. Wife and Husband warrant that they have paid all taxes n prior jointly filed returns including the calender year ending December 31. 2003; that the do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiencv assessment and Wife shall give Husband notice of any deficiency assessment of which the individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed return, the partv responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solelv responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that m be incurred to contest the assessment. For the vear 2004 1Jarties will file their tax return separatelv. 14. MUTUAL CONSENT DIVORCE. This Agreement shall operate as a full and mal Settlement Agreement concerning all marital rights of both parties in accordance with the t rms herein. The Parties hereto agree that each shall contemporaneously herewith sil!n an Am avit of Consent to a divorce pursuant to Section 330 I ( c) of the Divorce Code. Counsel for PI intiff shall prepare and promptly file the parties' respective Affidavit's of Consent, a praecipe to transmit record, Waiver of Notice ofIntention to Request Entry of a Divorce Decree Und Section 3301(c) of the Divorce Code and a vital statistics form, all for the purpose of obtai mg an immediate Decree in Divorce. -6- 15. TIME OF DISTRIBUTION. Except as otherwise provided for in this Agreement, he assets and interests to be transferred under and pursuant to this Agreement shall be conveye and transferred to the respective parties immediately upon the execution of this Agreemen The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement t cooperate shall be enforceable by an assumpsit action for specific performance. However, pon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 16. RELEASE. Subject to the provisions of this Agreement, each Darty has released and discharged, and by this Agreement does for himself or herself, and his or her legal representatives, executors, administrators and assigns, release, indemnifY (including tual legal fees) and discharge the other of and from all causes of action, claims, rights, or dem ds, whatsoever in law or equity, including equitable distribution, spousal support, alimonv, co sel fees, alimonv pendente lite, and expenses which either of the parties against the other ever ad, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or der any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives h s or her right to request marital counseling, pursuant to 3302 of the Divorce Code. 17. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwi provided, each partv may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire under th present or future laws of any jurisdiction, to share in the propertv or the estate of the other s a -7- result ofthe marital relationship, including without limitation, dower, courtesv. statutory allowance, widow's allowance, right to take in intestacv, right to take against the Will of th other, and right to act as administrator or executor of the other's estate, and an ri ht existi now or in the future under the Pennsylvania Divorce Code, as amended from time to time, d each will, at the request of the other, execute, acknowledge and deliver any and all instrum nts which may be necessary or advisable to carry into effect this mutual waiver and relinquis of all such interests, rights and claims. 18. RIGHTS ON EXECUTION. Immediately upon the execution of this Agreement, the rights of each partv against the other, despite their continuing marital statu, shall terminate and be as if they were never married. 19. BREACH. In the event of breach of any of the terms of this Agreement, the non-breachinl! party shall be paid, as part of any award or judgment against the breachi g party, all costs, including actual counsel fees paid to his or her attorney. In the event ofbre ch of any of the terms of this Agreement by Husband, Husband shall pay Wife an additional hree Thousand Dollars ($3,000.00). 20. INCORPORATION INTO FINAL DIVORCE DECREE. The terms oft s Agreement shall be incorporated but shall not merge into the final divorce decree betwee the parties. The parties intend that this Agreement shall be enforceable under the Divorce Co e of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically no waived or released. -8- 21. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to lme, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 22. SEPARABILITY. In case any provision of this Agreement should be he d to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each DaragraDh herein shall be deemed to be a seDarate and undisputed covenant and agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge nd agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the len h of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the di lSlOn of property in lieu of and in full and final settlement and satisfaction of all claims and de ds that they may now have or hereafter have against the other for equitable distribution of th r property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce C de or any other laws. Husband and Wife each voluntarily and intelligently waive and relinqu sh any right to seek a court ordered determination and distribution of marital property, but n hing -9- . , herein contained shall constitute a waiver by either party of any rights to seek the relief of y court for the purpose of enforcing the provisions of this Agreement. 24. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writin!!: and executed with same formality as this Agreement. The failure of either party to insist upon strict perform of the proyisions of this Agreement shall not be construed as a waiyer of any subsequent d fault of the same or similar nature. 25. INTENT. It is the intent of the parties by this Agreement to fully and fi ally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief nder the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accep ed on the basis that such resort would constitute a breach under this Agreement, entitling the no _ breaching party to reimbursement for actual counsel fees. Other than as provided by the t rms of this instrument, it is intended that the court shall treat the parties as if they had never e ered into a marital relationship. This Agreement shall be interpreted and governed by the laws Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 26. VOLUNTARY EXECUTION BOTH PARTIES. The provisions of this Agreement and their legal effect have been fully exolained to Husband and Wife by their respective counselas identified herein, the parties agree that the instant A reement is e ui able, that it is being entered into voluntarily, with full knowledge of the assets of both parties, d that it is not the result of any duress or undue influence. The parties acknowledge that th y -10- . , have been furnished with all information relating to the financial affairs of the other which as been requested by each of them and/or by their respective counsel. 27. DESCRIPTIVE AND HIGHLIGHTING HEADINGS. The descriptive headings and highlighting used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations ofthe parties. 28. AGREEMENT BINDING ON HEIRS. Except as outlined in the forego in provisions of this document, this Agreement shall be bindinl! and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assi s. 29. RECONCILIATION. Notwithstanding a reconciliation between the parties this Al!reement shall continue to remain in full force and effect absent a writin ' si parties stating that this Agreement is null and void. IN WITNESS WHEREOF, The parties hereto have hereunto set their hands and eals IRE ~-..-.. JA ES GROSHANS, HUSBAND L--- YULIY A NOVYTSKA, WIFE , ROBERT E. RAINS, ESQUIRE F AMIL Y LAW CLINIC -11- r-,:l {'::,,' ~'~"'~ :;.1"': l" ~ .._1 .,."-- ',1' - u' ~, -,,,,. (\ - I'~~ en JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL NIA v. : NO. 03-2974 YULIY A NOVYYSKA, Defendant : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 330HC) OF THE DIVORCE CODE 1. A complaint in Divorce under Section 3301 (cl of the Divorce Code was fil don June 23, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety da s have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of inte tion to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. I verifY that the statements made in this Affidavit are true and correct. I understand at false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to uns om falsification to authorities. DATE: /I-I')-Cf{ ~-~ JAMES GROSHANS ___J C.J", '. --,- \~,~:, en r<' JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL ANIA v. : NO. 03-2974 YULIY A NOVYYSKA, Defendant : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVQRCE CODE 4. A complaint in Divorce under Section 3301 (c) of the Divorce Code was fil don June 23, 2003. 5. The marriage of plaintiff and defendant is irretrievably broken and ninety da s have elapsed from the date of filing the Complaint. 6. I consent to the entry of final decree of divorce after service of notice of inte (ion to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. I verifY that the statements made in this Affidavit are true and correct. I understand at false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to uns om falsification to authorities. DATE: Oclok 31/.2004 gY---- YULIY A NOVYYSKA -- ".,.",- <.J. c,~~ r."') - JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL ANIA v. : NO. 03-2974 YULIY A NOVYYSKA, Defendant : CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER tl3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my rights concerning alimony, division of prop y, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by t e Court and that a copy of the decree will be sent to me immediately after it is lied with the prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to un om falsification to authorities. DATE: Odo.bel' 31. 200/j , Id-- YULIY A NOVYYSKA u ,'I" (j',L f.,:, JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANI A v. : NO. 03-2974 YULIY A NOVYYSKA, Defendant : CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my rights concerning alimony, division ofprope y, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by t Court and that a copy of the decree will be sent to me immediately after it is lied with the prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand t at false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to uns om falsification to authorities. DATE: f!./'j-Ol{ ~~ Jx11ES GROSHANS (I: en r,e, , NOV 1 7 2004 l- ,r JAMES GROSHANS, Plaintiff : IN THE COURT OF COMMON PLEAS 0 : CUMBERLAND COUNTY, PENNSYL V NIA v. : No: 03-2974 CIVIL TERM YULIY A NOVYTSKA Defendant : CIVIL AcTION- IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330 I (c) of the Divor e Code. 2. Date and manner of service of the complaint: July 24, 2003, by U.S. mail, certifie , restricted delivery. 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by the plaintiff, November 15,2004; by the defendant, October 31, 2004. 4. Related claims pending: none. 5. Date plaintiffs Waiver of Notice in S330l(c) Divorce was filed with the pronthonotary: November 15, 2004. 6. Date defendant's Waiver of Notice in s3301(c) Divorce was filed with the pronthonotary: November 15,2004. i(-17-~'1 Date Respectfully Submitted, 1 {)1M C Jaso~ C. Evans Certified Legal Intern - ~--....... "wJc T . RAINS THO AS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PAl 7013 (717)243-2968 Fax (717)243-3639 ~~ '+' '+':+. . . . . ... '+';f.O+<4'~if ;r. '+' of:f. '4; '+' '+' Of.:+::f. Cf. 'l; +:+: '+' '+':f. Of. Of. + :f.+:t::f.'f.:f.:+.:f.'+' ,Idi:f.:+::+ .. if+'+':f. '" '+' Of' :f. :f. +. '+' ;to '+' :f. + + '+' + +'1' . . IN THE COURT OF COMMON PLEA . . . . . . . . OFCUMBERLANDCOUNTY STATE OF PEN NA. . . . . . . . . . . James Groshans No. 03-2974 Plaintiff . . . . . . . . VERSUS Yuliva Novvtska Defendant . . . . . . . . . . . . . . . . DECREE IN DIVORCE NOW'~ j,p; it <{ 'IOC! IA j,tbfJt.t, IT IS ORDERED AND AND . . + . . . . . . . James Groshans DECREED THAT , PLAINTIFF, Yuliva Novvtska AND , DEFENDANT + ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . + . . . . + . . . . . . + . + . . + . + . + . . + None . . '. :+ 'f Of Of. '+' + +. '" .. . ~ +++:+'+'+:+"':++~+:++:+:+:++"':++ +'f+':+'f+:+ T T:+ + '+'+'+:f'f+++'f'l''+:++.'f . . . . . . . . . . . . . . . . + . . . + . . . . . AVE . . . . . . . . . . . + + . . . . . + . . . . . . . . . . + . . , . . . . . . . . . . . . + + + + + . . . '. .. .. .. .. <+ <, " + y . + . . + + 'f:+ +t '/.::::f -z /YflY r_);23~ 2r7 Ie / ~/fr? 7 />r~?VV ~7,} r~) .'ill >It" I