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HomeMy WebLinkAbout06-2731 I:\Client Directory\Nokovich\Pleadings\Divorce Pleadings\Divorce Complaint.wpd May 5. 2006 - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SANDRA 1. NOKOVICH, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0(." -;;('lJI CI'u\L~8Lo/) CHARLES R. NOKOVICH, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 I:\Client Directory\Nokovich\Pleadings\Divorce Pleadings\Divorce Complaint.wpd May 5, 20% - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 2 I 0 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SANDRA 1. NOKOVICH, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. ex,. - :l. 73/ CiCHL ItJL~ CHARLES R. NOKOVICH, Defendant : CNIL ACTION - LAW : IN DNORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Sanda 1. Nokovich, by and through her attorney, Maria P. Cognetti, Esquire, with this Complaint in Divorce, of which the following is a statement: 1. Plaintiff is Sandra 1. Nokovich, an adult individual, who has resided at 1313 Oak Lane, New Cumberland, Cumberland County, Pennsylvania, since April 2006. 2. Defendant is Charles R. Nokovich, an adult individual, who has resided at 671 Laurel Drive, Boiling Springs, Cumberland County, Pennsylvania, since October 2005. 3. Defendant has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. I:\Client Directory\Nokovich\Pleadings\Divorce Pleadings\Divorce Complaint.wpd May 5, 2006 . 4. The Plaintiff and Defendant were married on December 24, 1966 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court: (a) Enter a Decree in Divorce; and ~ I:\Client Directory\Nokovich\Pleadings\Divorce Pleadings\Divorce Complaint.wpd (b) Grant such further relief as the Court may deem equitable and just. Date: May 5, 2006 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: TTI, ESQUIRE 27914 210 Grandview Avenue, Suite 102 CampHill,PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff May 5, 2006 VERIFICATION I, Sandra 1. Nokovich, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. Date: ~/$' lob LO- i J~IJt~ Sandra 1. Nokovich G "'6t}. (0 - ~ ~ *- ~ ...., ~ (") = c.> C C' -? :x ~::n vt 'T,1~~' ". - c..v rT'~~~_~ -< -ofTi ....:t D z'- -nO ~ ~',(\ . N C)c. ~ -U C~: c:'~ 'T! ::n -0 0(') ~ ;;~l :::r: 2m ~ 0 ~ ?E <-- ~ <'- N ::< -< w ;r-- ~ SANDRA 1. NOKOVICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYL VANIA v. : NO. 06-2731 CHARLES R. NOKOVICH, Defendant : CNIL ACTION - LAW : IN DNORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, JANE ADAMS, ESQUIRE, do hereby accept service of a true and correct copy ofthe Complaint in Divorce directed to my client, Charles R. Nokovich, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). DATE: ~/~~ 01.;. By: J E ADAMS, ESQUIRE ttorneyI.D. No. jqJjfq ~ C!/ South Pitt Street Carlisle, P A 17013 Telephone No. (717) 245-8508 Attorney for Defendant ~. 1:)f:T t:'~;\: 'C? ~ ~ ~: -' r-:> w ~-,' ~ \~';_\~ -'~~\:;, :C:J '"- ..., '%' q, .-1 ?f,:!l ; r:::,__ .-0' " .,,9 <::..:> -, :'~{:1< :"1- -( '\ C~6 ..,:::~ 0" o .-,.\ ~ r:-? r-:> ...,. . , Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA SANDRA 1. NOKOVICH, Defendant :NO. 01. - ~"31 : CIVIL ACTION - LAW : IN DIVORCE V. CHARLES R. NOKOVICH, AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 12,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry ofa fmal 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. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~ . '2.3 - l....<;. C.<7:. ~- ?X~ q/ Charles R. Nokovich, Defendant W AlYER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330Hc) AND 6330Hd) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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. 1 understand that false statements herein are mad~ subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 'I.. 2.3 - 2.~.1o C.JI? C. "y-..e - Charles R. Nokovich, Defendant < 2 ~ "'0(5"' ']:,1\: ~~\ i~: ':/ . t~:C r-> <= <= cr' ~ '" c.,:) o .,':':'" , (..,,1 :?'c ~ -0 ~ ~ ~-n rn~ -o}r; -,MCJ ;, L '~'O "1', : .,. :..~("--; r~rn ~ ?i'- .... - .. U'\ c.,:) " " PROPERTY SETTLEMENT AGREEMENT r'cA- THIS AGREEMENT, made this X day of .4v S U/J- 'I ,2006, by and between Sandra L. Nokovich, of 1313 Oak Lane, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Charles R. Nokovich, of 671 Laurel Drive, Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on December 24, 1966, in New Cumberland, Cumberland County, Pennsylvania; and WHEREAS, there are no children under the age of eighteen (18) who have been born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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 and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony 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 ofthe premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each ofthe parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEP ARA TION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. -2- . .. , 3. 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 as 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 to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, claiming that the marriage is irretrievably broken under Section 330l(c) ofthe Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Said documents shall be signed within seven (7) days of the expiration of the statutory ninety (90) day waiting period. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property ofthe parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -3- . .. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at 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. -4- .. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herei~, shall only take place on the "distribution date," which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any 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, division of property, costs or expenses, whether arising as a result of -5- the marital relationship 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 provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution ofthis 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 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 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. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Maria P. Cognetti, Esquire, for WIFE and Jane Adams, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that 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 accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as -6- 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. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 indelllllify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE 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 indelllllify and hold harmless the other party for 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. -7- .. 12. DEBT OF THE PARTIES: HUSBAND agrees to pay and be solely responsible for the debt of approximately $4,000.00 owed for the purchase of the parties' pool table. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability associated with said debt. The parties have agreed that their joint debt of$3,258.64, for the landscaping oftheir marital home, shall be shared equally between them. WIFE has provided HUSBAND a check in the amount of$1,629.32 for her share of said landscaping. HUSBAND shall be responsible for the payment of said debt and agrees to indemnify and hold WIFE harmless from any and all liability associated with said debt. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects and all other articles of personal property which have heretofore been used by them in common, all of which remain in the marital home to be removed upon the sale of the home. The parties have agreed to values for their household furniture and furnishings, all of which remain in the marital home. The parties further agree that, upon HUSBAND's acquisition of a new home, HUSBAND shall choose any items of furniture which he would like to retain and that he shall pay WIFE one-half of the value of those pieces of furniture. Any remaining furniture shall be sold or auctioned with the proceeds being divided equally between the parties. Husband shall be entitled to deduct any costs for an auctioneer, advertising, any other such associated costs from the proceeds before dividing such proceeds equally. -8- Neither party will make any claim to any items which are now in the possession or under the control of the other or to any items which have been set aside for the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other or which has been set aside for the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: a. Marital Home: The parties agree to jointly sell their property situated at 671 Laurel Drive, Boiling Springs, Cumberland County, Pennsylvania. Said property is presently listed for sale at a figure of $479,000.00, which figure has been set forth in a listing contract with Remax. Both parties agree to do everything necessary to execute any and all documents required in order to implement the sale of said real estate. If, after a period of three (3) months, the property has not sold, HUSBAND and WIFE agree that the listing price shall be lowered to an amount to be determined by the realtor, after consultation with the parties, based on the market conditions at the time of the reduction. Said process is to be repeated every three (3) months until this property is sold. The proceeds from the sale of the property shall first satisfy the sales commission and costs associated with the settlement on the property. Any remaining proceeds shall be used -9- ,. towards the outstanding mortgage on said property. All proceeds remaining after the payment of all costs and debts associated with the property shall be divided equally between the parties. HUSBAND is currently residing in said property and will continue to do so until such time as the property is sold and settled on. Until such time as the property is sold and settled on, HUSBAND and WIFE hereby covenant and agree to share equally in the monthly mortgage payment. WIFE agrees to continue to pay HUSBAND $70.00 per month toward the payment of household utilities. HUSBAND and Wife agree to be equally responsible for the payment of all taxes, and insurance costs, whether or not Husband chooses to vacate the property prior to its being sold. HUSBAND further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever as a result of his non-payment of any of the above costs, pending the sale ofthe property. During HUSBAND's occupancy of the property, he agrees to maintain the home in good condition. Accordingly, HUSBAND acknowledges that he will be responsible for routine maintenance, as it may be needed, during his period of exclusive occupancy. Routine maintenance includes, but is not limited to, mowing the lawn, and trimming trees. It is agreed between the parties that in the event maj or repairs are required to be made for the marital home, the costs thereof shall be shared by the parties equally. HUSBAND agrees that no repairs shall be made unless he has given WlFE reasonable notice of his intention to make such repairs so that she has an opportunity to inspect the premises and determine that such repairs are necessary. HUSBAND agrees to obtain at least two (2) estimates for the repairs and will seek the most reasonable price. WIFE may also obtain her own estimate and may then select -10- the lowest estimate, at which point she agrees to the repair at that cost for the specific repair. WIFE further agrees that she shall not umeasonably withhold her consent to such repairs. The parties shall equally divide any and all costs associated with selling the home. b. Clearfield County Lot: The parties acknowledge that the lot located in Clearfield County, Pennsylvania, and titled in WIFE's name, is WIFE's premarital property and not subject to equitable distribution. HUSBAND hereby waives any interest in, or claim to, said lot. HUSBAND acknowledges that he has no claim or interest in said lot and agrees that he will not assert any such claim in the future. c. Texas Lot: The parties agree to sell their jointly owned lot located in Horseshoe Bay, Marble Falls, Texas. Said lot is presently under contract at a sales price of $2,500.00. Both parties agree to do everything necessary to execute any and all documents required in order to implement the sale of said real estate. The proceeds from the sale of the property shall first satisfy the sales commission and costs associated with the settlement on the property. All proceeds remaining after the payment of all costs and debts associated with the property shall be divided equally between the parties. Should the sale of said property result in a loss, the parties agree that any loss shall be paid by them equally. -11- 15. DIVISION OF BANK ACCOUNTS: The parties agree that their jointly held M&T Savings Account have been divided equally between them with each party receiving the sum of$45,150.00. The parties agree that their jointly held M&T Checking account shall become the sole and exclusive property of HUSBAND upon the entry of a final Decree in Divorce. HUSBAND and WIFE acknowledge that they each possess certain other bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. The parties acknowledge that each has no further claim or interest in said accounts of the other and agree that each will not assert any such claim in the future. 16. INVESTMENT ACCOUNTS: The parties acknowledge that they are the joint owners of an investment account with Ferris, Baker Watts, Inc. The parties agree that they are in the process of having the value of said account equally divided between them. If said account consist of more than one type of security or investment, said account shall be divided equally by each of its components. HUSBAND and WIFE further agree that said account shall be divided so that cost basis, adjusted basis, holding period and potential tax recapture liability of all said securities and investments are divided equally. The parties each hereby waive any and all claim, right, interest or title whatsoever in the said property of the other pursuant to the transfers required herein. Further, each party hereby -12- warrants and acknowledges that they have not participated or in any active way reduced the value of any account to be distributed under the terms of this paragraph. The parties agree to execute all documents necessary to effectuate said transfer at the time of execution of this Agreement. 17. MUTUAL FUNDS: HUSBAND and WIFE are the joint owners of mutual funds account with Fidelity, account #2Au-81889S, and American Funds, account #1011277404. The parties agree that the value of said account shall be equally divided between them. If said account consists of more than one type of security or investment, said account shall be divided equally by each of its components. HUSBAND and WIFE further agree that said account shall be divided so that cost basis, adjusted basis, holding period and potential tax recapture liability of all said securities and investments are divided equally. The parties each hereby waive any and all claim, right, interest or title whatsoever in the said property of the other pursuant to the transfers required herein. Further, each party hereby warrants and acknowledges that they have not participated or in any active way reduced the value of any account to be distributed under the terms of this paragraph. The parties agree to execute all documents necessary to effectuate said transfer at the time of execution of this Agreement. -13- 18. PENSIONS. ANNUITIES. INDIVIDUAL RETIREMENT ACCOUNTS AND/OR RETIREMENT BENEFITS: HUSBAND hereby acknowledges and agrees that WIFE shall retain, as her separate property, free and clear from any claim, right, title or interest on the part of HUSBAND, the following: American Funds IRA #53680336 & 74054300; PIMCO/Allianz IRA #2048390534; Self Directed IRA; Thrift Savings Plan; and her Pension through the U.S. Department of Commerce. HUSBAND hereby acknowledges that he has no further claim, right, title or interest whatsoever in said retirement accounts of WIFE, and further agrees never to assert any claim to the asset in the future. WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, the following: American Funds IRA #53680328 & 73993403; Fidelity IRA #483-358-169 and his Pension through the United States Air Force. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in said retirement accounts of HUSBAND, and further agrees never to assert any claim to the asset in the future. 19. MOTOR VEHICLES: With respect to the motor vehicles oWned by one or both of the parties, they agree as follows: (a) The 2003 Volvo shall be and remain the sole and exclusive property of WIFE; (b) The 2005 Toyota Tacoma shall be and remain the sole and exclusive property of HUSBAND. -14- .. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 20. AFTER-ACOVlRED PROPERTY: Each of the parties shall, from and after May 1, 2006 own and enjoy, independently of any claim or right ofthe other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 21. LIFE INSURANCE: WIFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his life insurance policy through ING Direct. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in said life insurance of HUSBAND, and further agrees never to assert any claim to the asset in the future. 22. HEALTH INSURANCE: WIFE agrees to maintain HUSBAND's current health insurance benefits, after the entry of a Decree in Divorce, for as long as she can do so at no -15- additional cost to her. HUSBAND agrees that any non-covered, extraordinary medical and/or dental expenses shall be his sole responsibility. The parties agree that they will keep and maintain their jointly held Long Term Health Care insurance and they shall divide the costs of such health insurance equally. In order to facilitate payment, Wife will forward her portion of the premium to Husband at least ten (10) days before the due date. If either party should become incapacited and require long term care, then the other party will make sure that the policy is maintained and the person named as Power of Attorney for the incapacitated party will forward payment in the same manner. 23. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 24. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the -16- individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 26. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. -17- 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 28. BREACH: 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 seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. -18- 30. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. -19- 32. AGREEMENT BINDING ON 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. 33. ADDITIONAL INSTRUMENTS: Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 34. VOID CLAUSES: 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. 35. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of -20- . , any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. , / l"'/-fLz ;/jJia:z.Ic~USEAL) !Sandra L. Nokovich WITNES ,,~/?'~ Charles R. Nokovich (SEAL) -21- . . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF C\_J.rnb.4OJlcL ) ) SS: ) On this, the ?:>l<5dayof ~U \ ~ ' 2006, before me, a Notary Public, the undersigned officer, personally appeared S dra 1. Nokovlch, known to me (or satlsfactonly proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Of~~u- COMMONWEALTH OF PENNSYLVANIA COUNTY OF 'e.u rY16-e",-lc:;.vv-J.. COMMONWEALTH OF PENNSYLVANIA NoIaI1aI Seal t.aura E. BosI8y, Notary PublIc CltiOlYa1<, YllII<CcuI\y My Commission E>qlires JUy 31, 2008 ~.mber. Pennsylvania Association Of Notanes ) SS: ) On this, th~ day of A-o~ ' 2006, before me, a Notary Public, the undersigned officer, personally appeare Charles R. NokovlCh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. ~ -22- MONWEAJ:rH Of PENNSYLVANIA Notarial Seal Jane Adams. Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 6, 2008 ,'-' .~, \ C;, ~ l^') .' " "-':\ ;;;:'" .4 n ":,-,;) .-:;J -~ ~ i\ ,.-~ ;." , -'.\0. <'iJ C4 SANDRA 1. NOKOVICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2731 CHARLES R. NOKOVICH, Defendant : CNIL ACTION - LAW : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before the divorce is granted. 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. 94904 relating to unsworn falsification to authorities. Date: ( IJc/06 !) ,1.d!t"" ~j ,l/J~'tt~-Z~ Sandra 1. Nokovich () ::~.~ ~., <'::~:;:, .:",:;> en G, r.,) () .ell --' :r= ~D ""'-.." , "r- '" 'i> SANDRA 1. NOKOVICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2731 CHARLES R. NOKOVICH, Defendant : CNIL ACTION - LAW : IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOuEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. Date: ~ ISo) 06 I ") 1 ..l: I "'. /' (/ ,:'.{lk[>t'P "'-+- )_'D/1!If7t: t <>.L Sandra 1. Nokovich !'-) r;::.-:' () ~":> -n :;..r' cO --' ; i'1 -'r- -.. " \ OJ -C' t:~ -. ~ ..... MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SANDRA L. NOKOVICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2731 CHARLES R. NOKOVICH, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Attorney for Defendant, Jane Adams, Esquire, on May 22,2006, by regular mail. 3. Date of execution of the Affidavit of Consent required by S 330l(c) of the Divorce Code: by Plaintiff, Sandra L. Nokovich, on August 30, 2006; by Defendant, Charles R. Nokovich, on August 23, 2006. 4. Related claims pending: Settled by Agreement dated August 3, 2006. . .. 5. Date Plaintiffs Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: August 23, 2006. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: g h51 (06 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff C"l ;-'J :en , Ci" -10 r~ c,-: ~ P ? ~ 7l?, /}/frlp ~ P ?- ~ fia; - p;l "/11-;'; b . . . l r. , -----