HomeMy WebLinkAbout01-0050LAWRENCE MORGAN NOVAK,
Plaintiff
Vo
ALICIA JEAN AIKENS
Defendant
NOVAK,
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PLEAS
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU ~ BEING SUED IN COb'RT. 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
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS NOVAK,
Defendant
at
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PLEAS
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
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
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.
15, 2000.
8. Plaintiff has been advised that
and that Plaintiff may have the right to
The parties have lived separate and apart since September
counseling is available
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: Sa
Patricy/~. Quinn, Esq.
Attor~fys for Plaintiff
47 We~t High Street
Gettysburg, PA 17325
(717) 337-3754
2
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS NOVAK,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NO.
~ERIFICATION
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
falsification to authorities. ~/ o~rga/N~ov~
/~//Lawrence k, Plaintiff
WOLFE & RICE, LLC
Attorneys at Law
47 West High Street
Gettysbu~g~ [~llllgylvania 17325
LAWRENCE MORGAN NOVAK,
Plaintiff
Vo
ALICIA JEAN AIKENS NOVAK,
Defendant
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY,
PENNSYLVANIA
FLEAS
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NO. 01-50
ACCEPTANCE OF SERVICE
I accept service of the Complaint for Divorce under Sections
3301(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.
Legal Services, Inc.
8 Irvine Road
Carlisle, PA 17013
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS NOVAK,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NO. 01-50
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
and correct.
that the statements made in this Affidavit are true
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: ~-~-~1~-~~~kC~~, Plaintiff
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS NOVAK,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
:
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NO. 01-50
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(C) OF THE DIVORCE CODE
notice.
2.
I consent to the entry of a final decree of divorce without
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 irrmlediately 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
to the penalties
falsification to
subject
unsworn
Date:
of 18 Pa.C.S. Section 4904 relating to
authorities.
_~>7 La~rence Mo g~an~ak, Plaintiff
LAWRENCE MORGANNOVAK,:IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMB~ COUNTY, PENNSYLVANIA
:
v. : NO. 01-50 CML TERM
:
ALICIA JEAN A/KENS NOVAK,: CML ACTION - DIVORCE 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 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. !
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATED: Q~//j/d/
Defendant
LAWRENCE MORGANNOVAK,:IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERIMkND COUNTY, PENNSYLVANIA
v. : NO. 01-50 CML TERM
ALICIA JEAN AIKENS NOVAK,: CML ACTION - DIVORCE
Defendant :
AFFIDAVIT OF CONSENT
1. 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 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.
Defendlmt
WOLFE & RICE, LLC
Attorneys at Law
47 West High Street
G et t y's'l~t~r~ n n sylvania 17325
(717) 337-3754
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS NOVAK,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
RELATED CLAIMS
NO, 01-50
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
Patrick W. n, Esq.
Attorneys %for Plaintiff
LAWRENCE MORGAN NOVAK,
Plaintiff
ALICIA JEAN AIKENS
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: CIVIL ACTION-DIVORCE AND
: RELATED CLAIMS
:
:
: NO. 01-50
NOVAK, :
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 Marriage 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.
By:
Respectfully submitted,
WOLFE & RICE
Patrick W./~uinn, Esq.
Attorneys~for Plaintiff
MARITAL SEq"rLEMENT AGREEMENT
AGREEMENT, made this , .~- day of /~ -. , 2001, by and
between LAWRENCE MORGAN NOVAK, hereinafter referred to as "Husband",
and ALICIA JEAN AIKENS NOVAK, hereinafter referred to as '~rife".
WHEREAS, the parties hereto are Husband and Wife, having been married
on July 24, 1999;
WHERF~S, the parties hereto separated on or about September 13, 2000;
WHEREAS, there were one child born during this marriage, Riley Novak,
born January ~, 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
speeification: 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
support and/or maintenance of Wife by Husband or of Husband by Wife; and, in
general, the settling of any and ail claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutuai
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 legaily bound hereby,
covenant and agree as follows:
1.
Agreement
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This
Agreement shall not be considered to affect or bar the right of Husband or
Wife to a divorce on lawful grounds if such grounds now exist or shail
hereafter exist or to such defense as may be available to either party. This
Agreement is not intended to condone and shail 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.
EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise
specificai]y provided herein, this Agreement shail continue in full force and
effect after such time as a finai decree in divorce may be entered with
respect to the parties. It is the intent of the parties hereto that this
shail create contractual rights and obligations entirely
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.
AGREEMENT TO BE INCORPORATED IWI~ 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.
DATE OF EXECU~ON. 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 Agree~nent 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.
ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have bccn 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
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).
PERSONAL RIGHTS. Husband and W'ffe, at all times hereafter, may and
shall live separate and apart. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in ail respects as
fully as if theywere 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 shail 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.
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 specificaily
agree in writing.
MUTUAL REI.EA_SES. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of the
other, for ail 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 hereafter 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
of dower or curtesy, or claims in the nature of dower or curtesy or widows
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 fights 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 ail 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 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
10.
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.
BANK ACCOUNTS AND ~NT 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.
PERSONAL PROPF_,RTY. 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 c]othing, jeweIryand otheritems 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.
/
11.
12.
AxWrER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall
hereafter own and enjoy, independently of any claim or fight 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 ail respects and for ail purposes, as though he or she were
unmarried. Further each of the parties waives and relinquishes any fight,
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.
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 ail claims arising out of Husband's
failure to mmke 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
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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.
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 ail 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 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 ail documents necessary to implement this paragraph.
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 mount 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
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 partes 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 tiffed to both parties or to the other party at~ter 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 indemnify 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.
10
17.
18.
TAX CONSEQUI~NCES: 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.
TAX R~-'~UI~NS. 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
19. WAIVER OF PAYMENT OF !.EGAL 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. Mu'ruAL CONSENT DIVORCE. The parties agree and acknowledge that
their marriage 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
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be amended (heroin referred to as the Code). Accordingly, both parties
agree to execute such stipulations, consents, affidavits, or other documents
and to diroct their rospective 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.
WARtIANTY AS TO EXISTING OBLIGATIONS. Each party reprosents
that they have not heretoforo incurred or contracted for any debt or liability
or obligations for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agroes
to indemnify and hold the other party harmless for and against any and ail
such debts, liabilities or obligations of every kind which may have
herotofore been incurred by them, including those for necessities, except
for the obligations arising out of this Agreement.
WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each
covenant, warrant, reprosent and agroe that, with the exception of
obligations set forth in this Agreement, neither of them shall heroafter
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
24.
25.
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.
WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms 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.
lVILrl~AL COOPF~RATION. Each party shall, at any time and from time to
time herem~er, 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
26.
and effect to the provisions of this Agreement.
LAWS OF PENNSYLVANIA APPLICABLE.
construed in accordance with the laws
This Agreement shall be
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 al~er demand
29.
30.
therefor) execute any and ail 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 DF~FAULT. 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 shail in no way affect the right of
such party hereal~er 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 shail it be
construed as a waiver of strict performance of any other obligations herein.
ENFORC~ OFAGI~.~.k-IMFN-T. 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 legai
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.
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 any one or more of
the paragraphs 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.
IN WITNESS WI4F. RF, OF, the parties hereto have set their hands and seals
the day and year first above written.
WITNESS
ALICIA JF~kN AIKENS NOV'AK
/
COMMONWEALTH OF PENNSYLVANIA :
:SS.
COUNTY OF DAUPHIN :
On this, the ].~ day of ~/~/c~ ,2001, before me a Notary
Public of the Commonwealth of Pennsylvania personally appeared ALICIA JEAN
AIKI~.NS 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.
COMMO~TH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the /~"-~- day of
,2001, before me, a Notary
:
:SS.
..
Public for the Commonwealth of Pennsylvania, personally appeared LAWRENCE
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.
ublic
Nora K B/air, Notary Public
wer Paxton Twp., Dauphin County
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~
PENNA.
LAWRENCE MORGAN NOVAK, Plaintiff
Yersus
ATe~I~:A. J. EAN. AIKENS NOFAK., .~efe,~dan~ ....
N o ...................... 9~-~,o.. ............ Vt7
DECREE IN
D...I V 0 R C E ~
AND NOW,. ,~,.~..,/~...~..,~ .............. ~g(.. 2001, it is ordered and
decreed that .............n?,w~..~..C,E..~.O.Rg. ,~' .~.O.V. ,~. ................ plaintiff,
and ...................... .~Z. CJA..~ .a.Z. ~$. ~¥~ ............ 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;
Prothonotary