HomeMy WebLinkAbout94-02340
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· IN THE COURT OF COMMON PLEAS ·
111 .
. OF CUMBERLAND COUNTY .
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: STATE OF ~\.,' _ .:,. PENNA. :
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1I~ RaWD A. OO\IAK, N O,94~2J40.....".... IlJ 96 ,~
" Plaintiff
111 V"".<lI,< 111
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, KAY F. OO\IAK, 111
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: DECREE IN :
. DIVORCE 111
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. AND NOW, ......... .r~47.. .~.-?,<, 19 .~~.... It Is ordered and ~
. decreed that .... ~~~c;l.~,. ~yil\t.. .. .. ' .. . . .. .. . .. .. .. .. .. .. ", plaintiff, _
: ::d ~I~~r:~ ~~o:v~~. ~~~~~. ~'f' ~~~~;~~~~',' . . . . . . . .. . . . . . " defendant, ;
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111 The court retains jurisdiction of the following claims which have :
8 been raised of record In this action for which a final order has not yet ~
111 been entered; All matters have been resolved pursuant to a Property ~
. SettlElllllllt Agreement reached by the parties dated February 23, 1995 and is ~
111 inQQtpQrated but.not.roerged.into.this.Decree. .... ..... .... ...... .... .... .., ~
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PROPERTY SETTLEMENT AGREEMENT
'l'HIS AGREEllEN'J', made this .;23..1 day Of~C',... _~ 1995,
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by and between RONALD A. NOVAK, hereinafter referred to a.
"HUSBANO", and KAY F. NOVAK, hereinafter referred to as "WIFE".
WITNESSETH, That:
MnEREAS, the parties hereto are husband and wife, having been
lawfully joined in marriage on November 9, 1991, in Mechanic~burg,
Cumberland County, Pennsylvania.
MnEREAS, No children were born of this marriage.
MnERBAS, it is the intention of the parties to settle fully
and finally their respective financial and property rights and
obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (1) the
settling of all matters between them relating to the ownership of
real and personal property; (2) the settling of all matters between
them relating to the past, present and future support and/or
maintenance of HUSBAND and WIFE; and (3) the settling of all
matters between them relating to any and all rights, titles and
interests, claims and possible claims in or against the estate of
the other.
NOW, THEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed an essential part hereof in
consideration of the foregoing recitals, the mutual promises,
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covenants and undertakings herein set forth, and for good and
valuable consideration, receipt of which is hereby acknowledged by
each of the parties hereto, HUSBAND and WIFE, each intending to be
legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and
fair opportunity to obtain independent legal advice of counsel of
their selection. HUSBAND has been independently represented by
Barbara Sumple-Sullivan, Esquire. WIFE has be independently
represented by Lawrence F. Clark, Esquire. Each party further
declares that they are executing this agreement freely and
voluntarily, having obtained such knowledge and disclosure of their
legal rights and obligations and that they acknowledge that this
agreement is fair and equitable and is not the result of any fraud,
coercion, duress, undue influence or collusion.
2. PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indireot, by the
other in all respects as if she or he were unmarried, except as may
be necessary to carry out the provisions of this Agreement. Each
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may reside at such place or places as she or he may select. Each
may, for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND
and WIFE of the lawfulness of the causes which led to, or resulted
in, the continuation of their living apart. HUSBAND and WIFE shall
not molest, harass, or malign the other or the respective families
of each other, nor compel the other to cohabit or dwell in any
manner with him or her, nor in any way interfere with the peaceful
existence, separate from each other.
3. DEBTS
Each party represents that they have not contracted any debt
or liability for the other for which the estate of the other party
may be responsible or liable. Neither party will hereafter incur
any liability whatsoever for which the other party or the estate of
the other party will be liable. Each party agrees to indemnify and
hold harmless the other from and against all future obligations of
every kind incurred by them, including those for necessities.
Additionally, WIFE will continue to be solely liable for
certain debts she has paid since separation. These debts
specifically include First Card Mastercard and Bank One Visa. WIFE
will indemnify and hold HUSBAND harmless from said debts.
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HUSBAND will continue to be solely liable for certain debts he
has paid since separation. These debts specifically include the
DAFCU loans HUSBAND shall indemnify and hold WIFE harmless from
each of the aforementioned debts. To the best of the parties'
knowledge, the parties affirm no other joint debts exist.
4. WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an
opportunity to value or have appraised any and all marital
property, and they do hereby waive a formal appraisal and inventory
of same, and no statement or representation by either party as to
value shall be deemed a misstatement or misrepresentation to the
other or be deemed fraudulent.
5. MARITAL AND NON-MARITAL ASSETS
HUSBAND and WIFE do hereby acknowledge that they have
heretofore divided the non-marital assets and marital assets
including but without limitation, business interests, jewelry,
clothes, furniture, stocks, bonds, pensions and other assets
wherever situated whether real, personal or mixed, tangible or
intangible, and HUSBAND agrees that all assets in the possession of
WIFE shall be the sole and separate property of WIFE; and, WIFE
agrees that all assets in the possession of HUSBAND shall be the
sole and separate property of HUSBAND. Each of the parties does
hereby specifically waive, release, renounce and forever abandon
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whatever claims, if any, he or she may have with respect to any of
the above said items which are the sole and separate property of
the other.
This document shall constitute a bill of sale for said sole
property.
6. REAL ESTATE
The parties own no real estate.
7. MOTOR VEHICLES
HUSBAND shall have sole ti Ue and ownership of the 1990
Pontiac. Husband shall be solely liable to pay the encumbrance on
said vehicle.
8. PENSION
WIFE waives any and all claims that she may have against the
pension, employee saving or other stock benefit program of the
HUSBAND, is applicable.
9. BANK ACCOUNTS AND INVESTMENTS
Each party shall have sole possession of the bank accounts in
their own names.
10. INSURANCE
Each party shall retain ownership of any life insurance policy
in his or her name.
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11. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED
BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED
HUSBAND and WIFE acknowledge and agree that the provisions of
this Agreement are fair, adequate and satisfactory to them. Both
parties agree to accept the provisions set forth in this agreement
in lieu of and in full and final settlement and satisfaction of all
claims and demands that either may now or hereafter have against
the other for equitable distribution, alimony, alimony pendente
lite, counsel fees, costs and expenses or other provisions for
their support and maintenance before, during and after the
commencement of any proceeding for divorce or annulment between the
parties.
1~. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by
HUSBAND or WIFE, 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.
13. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate aod satisfactory to them and are accepted by
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them in lieu of and in full and final satisfaction of any claims or
demands that either may now or hereafter have against the other for
future support, maintenance or alimony, except as specifically set
forth herein. WIFE does further, voluntarily and intelligently,
waive and relinquish any right to seek from the HUSBAND any
additional sums for spousal support or any sums as alimony or
alimony pendente lite expect that HUSBAND shall continue to pay
WIFE the sum of Two Hundred Dollars 00/100 ($200.00) in spousal
support for the period of February, 1995 through December, 1995.
This sum shall be non-modifiable in amount and term except same may
be terminated in the event of death of either party. The parties
agree to sign a Stipulation Order of Support to be entered in the
Domestic Relations Office signifying the terms of this agreement.
Further, HUSBAND agrees to maintain WIFE on his medical
insurance coverage as offered by his employment through February 1,
1996. All costs for non-reimbursed medical expenses of WIFE shall
be the sole responsibility of WIFE who agrees to save harmless and
indemnify HUSBAND for any such expenses. In no event shall the time
period during which HUSBAND is to provide said support or medical
coverage be extended.
14. SUBSEOUENT DIVORCE
A decree in divorce, entered by a court of competent
jurisdiction to either party, shall not suspend, supersede or
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affect the terms of this Agreement. Both parties agree to enter a
Consent Decree concerning the provisions of this Agreement in the
Court of Common Pleas of Cumberland County, Pennsylvania, on
February 1, 1996 in full resolution of the divorce action filed to
Docket Number 94-2340 Civil Term and all claims raised therein.
This Agreement, and the terms and conditions contained herein, as
well as the enforcement of said terms and conditions, shall not be
contingent upon the granting of a Divorce Decree to either party by
the Court of Common Pleas of Cumberland County, pennsylvania.
Simultaneously with this agreement, HUSBAND and WIFE agree to
execute consents, dated to be effective February 1, 1996, which
consents are to be escrowed by counsel for HUSBAND. Said counsel
shall proceed to file said consents and finalize the divorce after
February 1, 1996. Both parties hereto agree that this Agreement may
be incorporated into said Court Order in full settlement of claims
raised in this action but shall not merge into the Decree of the
court of Common Pleas of cumberland County, Pennsylvania.
15. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the
other party, they will forthwith execute and deliver to the other
party, any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper effectuation of this
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Agreement and finalization this divorce in accordance with the
terms of this Agreement.
16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and forever relinquishes
any and all rights which he or she may now have, or may hereafter
have, against the other party under the present or future laws of
any jurisdiction (a) to share in the estate of the other party upon
the other parties death and (b) to act as executor/rix or
administrator/rix of the other party's estate or be a beneficiary
of any will existing at the time of execution of this agreement.
17. MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release,
quitclaim 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 interests, or claims in or
against the property (including income and gain from property
hereafter accruing) of the other or against the estate of such
other, of whatever nature and wheresoever situate, which she or he
now has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of
any former acts, contracts, engagements or liabilities of such
other or by way of equitable distribution, dower or curtesy, or
claims in the nature of dower or courtesy of widow's or widower's
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rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will, or
the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any state, commonwealth or
territory of the United states, or (c) any other country, or and
rights which HUSBAND or WIFE may have or at any time hereafter have
for the past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except,
and only except, all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof.
Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors, administrators
and assigns, that he or she will never, at any time hereafter, sue
the other party or is or her heirs, executors, administrators and
assigns, for the purpose of enforcing any of the rights
relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the
other to be probated and allow administration upon his or her
personal, real or mixed estate and allow effects to be taken out by
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the person or persons who would have been entitled to do so had
HUSBAND or WIFE died during the lifetime of the other. Each of the
parties hereby releases, relinquishes and waives any and all ri;ht
to act as executor or executrix or administrator or administratrix
of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other
by the execution of this Property Settlement 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
thereof.
18. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be
binding upon and inure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors or assigns.
19. SEPARABILITY
If any provision in this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
20. ENTIRE AGREEMENT
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HUSBAND and WIFE do hereby covenant and warrant that thi.
A;reement contains all of the representations, promises and
Agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or
written, which shall or may be charged or enforcod or enforceable
unless reduced to writing and signed by both of the parties hereto.
21. BINDING EFFECT OF AGREEMENT/WAIVER
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 the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature, nor
shall such failure be construed as a waiver of any other term,
condition, clause or provision of this Agreement.
22. 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
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COUNT\' OF
DAUPHIN
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Before me, the undersigned officer, a Notary Public in and for
said Commonwealth and County, personally appeared KAY F. NOVAK, who
being duly affirmed according to law, deposes and says that the
facts and matter set forth in the within and foregoing Property
Settlement Agreement are true and correct to the best of his
knowledge, information and belief.
KAY F.t~K? 7J~
Affirmed and subscribed to before me this
February , 1995.
14th
day of
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My commission expires:
March 20. 1995
(SEAL)
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~ONALD A.
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NOVAK,
Plaintiff
: IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVABIA
; No. 1'4 - J 3 4- (j G-,--~ -..J~
VS.
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:'KAY F. NOVAK,
Defendant
CIVIL ACTION - DIVORCB
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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 judgement may also be entered
;against you for any other claim or relief requested in these papers
lby the Plaintiff. You may lose money or property or other right.
:important to you, including custody and visitation of your
':children.
I
I When the grounds for a divorce is indignities or irretrievable
'breakdown of the marriage, you may request marriage counseling. A
'list of marriage counselors is available in the Domestic Relations
,Office at the County Courthouse.
I
'I IF YOU DO NOT FILB A CLAIM FOR ALIMONY, DIVISION OF PROPBR'!'Y,
iLAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRAIrl'BD,
'YOU NAY LOSB THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYBR AT ONCB. IF YOU DO
NOT HAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TELEPHOMB TUB
:OFFICB SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HBLP.
COURT ADMINISTRATOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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IT IS HEREBV CERTIFIED THAT THE
WITHIN IS A TRUE AND CORRECT \lOPV
OF THE ORIGINAL FILED IN'iHIS Al'TION.
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!IRONALD A, NOVAK.
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'! Plaintiff
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! KAY F, NOVAK.
I Defendanl
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: No. 94-2340 Civil Tenn
: CIVIL ACTION - DIVORCE
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AFFIDA VIT OF CONSENT
1. A ComplahUln Dihlrcc undl:r Sl:cllolI 3301(c) of Ihe Divorce Code was flied on
"May 3. 1994.
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il 2. The mamage of Plalnllff and Defendant is Irretrievably broken and ninety (90)
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,!days have elapsed from the dale of filing of the Complaint.
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ii 4. I undersland Ihat I may lose righlS concerning alimony, division of property,
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i i lawyer's fees or expenses If I do not claim Ihem before a divorce Is granled,
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3.
I consent 10 the entry of a final decree of divorce,
'! I verify Ihatlhe slatemenls made in Ihls Afffdavll are true and correcl. I undersland that
false slatements herein are made subject to the penalties of 18 PA, CSA Seelion 4904 relallng
10 unsworn falslflcallon 10 authorllles,
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RONALD A, NOVAK
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RONALD A. NOVAK,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KAY F. NOVAK
Defendant
I
I CIVIL ACTION - LAW
I
I NO. 94 - 2340 CIVIL
I
I IN DIVORCE
19
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STATUS SIlEET
DATEI
ACTIVITIESI
9/22/94
Directive to file pre-trial etatements on or before
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RONAI.D A. NOVAK, I IN THE COURT OF COMMON PLEAS or
plaintifr I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS. I CIVIL ACTION - LAW
I
I NO. 2340 CIVIL 1994
UY F. NOVAK, I
Defendant I IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TOl Barbara sumple-Sullivan
Lawrence F. Clark, Jr.
, counsel for Plaintiff
, counsel for Derendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Ma.ter, 55 West Church Avenue, carli.l.,
Penn.ylv.nia, on the
14th day of November, 1994, at 10100
...., at which time we will review the pre-trial .tatement.
pr.viou.ly filed by counsel, derine issues, identify witne....,
explore the possibility or settlement and, if necessary,
.chedule a hearinq.
Very truly yours,
Date of Noticel 10/18/94
E. Robert Elicker, II
Divorce Master
RONALD A. NOVAI(,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO.
2340
1994
CIVIL
KAY F. NOVAK,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING IIEARING
TOI
Ronald A. Novak
Barbara Sumple-Sullivan
Kay F. Novak
Lawrence F. Clark, Jr.
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania, on the 2nd day
of February , 1995, at 9:00 a.m., at which place
and time you will be given tne oppo~tunity to present witneBBes
ann exhibite in support of your case.
By the Court,
~~\S.
Harold E. Sheely, presi n Judge
Date of Order and
Notice: 11/14/94
SYl
Divorce Master
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.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
DONALD A. NOVA!(, I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v.. I NO. 2340 civil 1994
I
I<AY F. NOVA!(, I
Defendant I IN DIVORCE
REI Pre-lIearinq Conference Memorandum
DATE I Monday, November 14, 1994
Present ror the Plaintiff, Ronald A. Novak was
attorney Barbara sumple-Sullivan, and present for the Defendant,
Kay F. Novak was attorney Lawrence F. Clark, Jr.
The parties were married on November 9, 1991, and
separated on December 2, 1992. Nei~her party to date has filed
an afridavit of consent; however, the parties will have be.n
separated ror a period in excess or two years on December 2,
1994. consequently, the parties can either file arfidavits or
con.ent prior to a hearing to be held in theee proceeding. or
one or the parties can file an afridavit under section 3301(d)
prior to the hearing.
The economic claim. raised in the action are
equitable distribution, alimony, and counsel rees and co.t..
Both partie. have raised the claim or equitable di.tribution in
the pleadinq.; wire has raised the claims or alimony and coun.el
ree. and exp.n....
lIusband is 41 years of age and re.ide. alone at 324
North Walnut str.et, Mount Holly sprinqs, Pennsylvania. He i. a
high school graduate and according to wife's counsel, hi. client
beli.ve. husband has a college degree in accounting. Hu.band i.
a laborer at PPG Industries and has a qross monthly income ba.ed
on the pay stubs which we have reviewed attached to the
pre-trial .tatement of $3,069.44. Husband is currently paying
support for two minor daughters (ages 12 and 15 years) to a
prior marriaqe in the amount or $546.00 monthly. He also pays
hi. pre.ent wife $250.00 per month as spousal support.
Husband's counsel suggested that perhaps he is also paying his
prior wife as alimony the sum of $250.00 per month but that will
have to be verified. Husband does not complain of any health
problem.. He currently provides medical insurance benefit. for
his wife through his employment.
Wife is 53 years of age and resides with an elderly
qentleman by the name of William McWilliams at 420 Rosedale
Avenue, Highspire, Pennsylvania. Wife serves as McWilliams'
houaekeeper and grosses $155.00 per week for her services. Wife
previoualy was a seamstress having worked fUll-time with the
Bon-Ton stores (Grumbacher's , Son) having left that employment
in June 1992. At the time that wife left she was earninq gross
$185.00 per week. According to wife's counsel she left that job
and took a part-time job with the same store which was
subsequently eliminated. She changed her employment status
becauae Mr. Novak wanted his wife to be home full-time so that
.he could take care or his two minor daughters in the event that
he obtained custody of them. Mr. Novak did not obtain custody;
however, wife had given up her full-time position and ultimately
loat her part-time position so that when the parties separated
wife round her present job with Mr. McWilliams. When wife
leaves her present employment (upon the occurrence of Mr.
McWilliams' death or other circumstances) wife will not only
loae her gross income weekly but will lose her physical living
accommodations. counsel for husband wants to specifically note
that the income stated for wife of $155.00 per week gross does
not reflect the housing which she is receiving which ir that
houainq value were included would bring her income up to at
leaat what she was previously earning as a seamstress for
Bon-Ton full-time. Wife also complains of medioal problem.
having aurfered from pneumonia, depression, asthma, mitral valve
prolapae and herpes. She takes medications for her medical
problema and is able at this time to obtain that medication
through her medical insurance coverage. However, upon the
divorce wire will be responsible for obtaininq her own medical
benerita and will most likely pick up COBRA benefits offered
through husband's employer. We need to know the costs of those
COBRA benefits to wife on a monthly basis or any other inaurance
that .he may choose to pay for if she does not select the COBRA
benefits.
Wife had a pension and profit sharing plan with the
Bon-Ton stores when she left; according to her oounsel the
monies were paid out and placed in the parties' joint checking
account and used for marital purposes. Wife does have a small
interest in husband's pension with the PPG Industries and
accordinq to husband's attorney the increase in the monthly
benefit from the date of marriage to the date of separation was
$26.00. That monthly benefit will have to be converted to a
present value benefit and counsel can determine how they want to
make that computation considerinq, perhaps, what amount or money
would have to be placed in an annuity to produce that benefit
monthly.
At the time of the marriage husband had a 1990
Pontiac automobile which is nonmarital and which is subject to a
loan which husband is payinq. Wife had a 1979 Mercury capri
automobile which is not operable according to her counsel and
for our purposes would have a zero value.
The parties bouqht a sewing machine, which is in
wife's possession, ror $2,012.00 and the maohine was paid in
rull on April 15, 1992. The loan ror the purchase or the
machine is owed to DAFCU and husband has been making payments on
that loan althouqh we are not aware of what the balance is on
that loan at this time.
At the time the partie. went on their honeymoon
they purchased certain items or jewelry for themselves and
accordin~ to wife's attorney for husband's dauqhters. The value
of that jewelry has been stated as $1,120.00 but we have no
appraisal nor do we have specificallY the information as to
which of the parties or the husband's children have the items of
jewelry.
Around the time of separation wife took a $2,223.00
ca.h advance on the Bank One Visa and husband has been making
payment. on that account as well as the loan from PPG profit
.harinq and another Visa card. The Master request. that in
order to deal with the issue reqarding the assumption of debt we
need to know what debt was in place at the time of the partie.'
.eparation on the accounts. Obviously, wife will be charged
with having received the cash advance on the Bank one vi.a.
On the pre-trial statement of husband hs notes a
1992 IRS tax liability in the amount of $830.00. Husband's
counsel indicates that the liability arose from the payout on
wife's pension and profit sharing plan.
An issue has been raised regarding wife's ability
to earn income and the Master has suggested that counsel can
have wife evaluated by a vocational expert; however, if we can
assum. that wife was earning $185.00 per week in June 1992 rrom
her seamstress job, that income information will give us soms
basis to arrive at a conclusion reqarding wife's earning
capacity shOUld she pursue seamstress work in the future.
Alimony is a very important issue in this case
considering wife's health and income situation and lack of
as.sts. The Master has inquired of counsel as to whether or not
marital misconduct will be an issue and counsel have indicated
it will not be an issue, thererore, we will be looking at wife'S
needs and income and husband's expenses and income. However,
husband's counsel has indicated she will stipUlate that there
was no third party involved but that she will not waive raising
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ONALD A. NOVAK,
plaint:.iff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 Civil Term
CIVIL ACTION - DIVORCE
vs.
AY F. NOVAK,
Defendant
PETITIO. OF PLAIlITIFF. _Aid) A. IIOVAK
TO ARVOD APPOllI'l'IIRlIT OF MASTIlR AIID
WITHDRAW PIl.DIIIG IlARITAL CLAIMS
AND NOW Plaintiff, Ronald A. Novak, by his counsel, Barbara
umple-Sullivan, Esquire, and hereby indicates as follows:
1. Petitioner filed a Motion for Appointment of Master on or
bout September 9, 1994.
2. Subsequent to the filing, Plaint:.iff and Defendant have
ntered into a written settlement of all outstanding matters
xisting between them.
3. Accordingly, Petitioner hereby requests that the
ppointment of E. Robert Elicker, II, Esquire as Master, be
evoked.
4. PeU Uoner further requests all outstanding olaims as
raised in the litigation be deemed settled pursuant to the part:.ies'
Property Settlement Agreement dated February 23, 1995 which shall
e inoorporated into the parties' divorce decree.
.
RONALD A. NOVAK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 CIVIL TERM
CIVIL ACTION - DIVORCE
KAY F. NOVAK,
Defendant
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 CIVIL TERM
CIVIL ACTION - DIVORCE
KAY F. NOVAK,
Counter-Plaintiff
RONALD A. NOVAK,
Counter-Defendant
NOTICE TO DEFEND AND CLAIM ALL RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the Counterclaims set forth in the following pages, you must
take prompt action within twenty (20) days. 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 Counter-
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 Domestic Relations Office at the County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTYt LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMEN IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
COURT ADMINISTRATOR
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
Telephone: 717/240-6200
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.
RONALD A. NOVAK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 CIVIL TERM
CIVIL ACTION . DIVORCE
v.
KAY F. NOVAK,
Defendant
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN
DIVORCE AND DEFENDANT'S COUNTERCLAIMS THERETO
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW comes the above-named Defendant. Kay F. Novak, by and
through her undersigned attorneys. Clark Law Associates, P.C..
and files this Answer with Counterclaims to Plaintiff's
Complaint in Divorce. and in support thereof respectfully
represents as follows:
1 . Admitted.
2. Admitted.
3. Admitted.
4. Denied. It is denied that the parties were married on
November 4. 1991. To the contrary, the Defendant
asserts that the parties were married on November 9.
1991.
5. Admitted.
6. Admitted.
WHEREFORE. Defendant. Kay F. Novak. respectfully ,'oquests this
Honorable Court to dismiss the claims of the Plaintiff, Ronald
A. Novak. and to enter Judgement in favor or the Defendant, Kay
F. Novak. and against the Plaintiff. and to award the Defendant
her costs and expenses. including attornoy's fees, in the
defense thereof, as hereinafter set forth in the Defendant's New
Matter and Counterclaims.
NEW MATTER - COUNTERCLAIMS
l<AY F. NOVAK v. 110NAI.D A. NOVAK
AND NOW coones the above - named Counter- Plaintiff, Kay F. Novak.
by and through her undersigned attorneys, Clark Law Assooiates,
P.C., and files these Counterclaims against the above-named
Counter - Defendant. Ronald A. Novak. and in support thereof.
offers the following to this Honorable Court:
Count III - Divorce
12. The Counter-Plaintiff hereby incorporates Paragraphs 1
through 6 of the Counter-Defendant's Complaint, aR modified by
3
the Counter-Plaintiff' s Answers thereto, as though fully set
forth herein.
13. The Counter-Plaintiff is the innocent and injured party, and
the Counter-Defendant has offered such indignities to the person
of the Counter-Plaintiff as to make her life burdensome and her
condition intolerable, in violation of his marriage vows and the
laws of this Commonwealth.
WHEREFORE. the Counter-Plaintiff, Kay F. Novak, requests this
Honorable Court to issue a Decree of Divorce against the
Counter-Defendant, Raymond A. Novak, and in favor of the said
Counter-Plaintiff, Kay F. Novak.
Count IV - Equitable Distribution
14. The Counter-Plaintiff hereby incorporates Paragraphs 1
through 6 and 10 of the Counter-Defendant's Complaint, as
modified by the Counter-Plaintiff's Answers thereto. as though
fUlly set forth herein.
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NOVAK,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
No. 94-2340 Civil Term
vs.
i
I\KAY
,I
1
"
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i ! OIlDRR APPOI.rlllG IlASTBR
i; AND NOW, this l.dI! day of 5.sz........1-..a.~-- , 1994, - I
II_/::: , l<..ut3!!-,,~ (~i)l( rCV--""", Esquire, is appointed as Master with
I' .
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'Irespect to the following claims:
\! (X) Divorce (X) Distribution of prpp~rtt!:
,
\ ( ) Annulment ( ) Support
: (X) Alimony ( ) Counsel Fees
o
Ii (X) Alimony pendente Lite ( ) Costs and Expense~"i:~ ~
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" . BY THE COURT: -""
1~(c.L~ (:: . .~;e.U-'Y
F. NOVAK,
Defendant
CIVIL ACTION - DIVORCE
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SCHBDULIMG OF PRB-HBARIIIG COIIFBRBIICB
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AND NOW, this
day of
, 1994, the Pre-
, hearing Conference is scheduled for
,
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,! , at M., in the Divorce Masters
,
:IOffice, 55 West Church Avenue, Carlisle, PA 17013. The parties
!'
"and the attorneys will attend and discuss anticipated issues and
,\settlement of some or all claims. Any request for a continuance
;
,
:'should be made to the Divorce Master more than three (3) days
,
ibefore the date of the Pre-Hearing Conference.
DIVORCE MASTERS OFFICE
..
.
i
i RONALD A. NOVAK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 94-2340 Civil Term
.
.
i.
"
V8.
,KAY F. NOVAK,
: I Defendant
CIVIL ACTION - DIVORCE
L
IIOTIO. FOR APPOI--wr OF IlASTBR
(Pursuant to R.C.P. 1920.74)
Ronald A. Novak, plaintiff, moves the Court to appoint a 1
"Master with respect to the following Claims:
I,
(x) Di8tribution of property
( ) Coun8el Fees
( ) C08ts and Expenses
( ) Support
. (X) Divorce
i i ( ) Annulment
, (X) Alimony
., (X) Alimony Pendente Li te
: ( ) Review of
and in support of the Motion states:
': 1 . Discovery is complete as to the claims for which the
. iappointment of a Master is requested.
2. The Defendant has appeared in the action by his attorney,
. Lawrence F. Clark, Jr., Esquire.
3. The statutory ground for divorce i8 23 Pa. C.S.A.
3301 (c).
4.
following
Equitable
5.
faot.
(a) The action is
claims: Divorcel
Distribution.
contested with re8pect to the
AlimonVI Alimonv Pendente Litel
The action does not involve complex i88ue8 of law or
/
6. The hearing is
Dated:
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I arbara Sumple-Sullivan, E8quire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
supreme Court I.D. N32317
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;, Plaintiff
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 Civil Term
CIVIL ACTION - DIVORCE
"
iKAY F. NOVAK,
: 1 Defendant
,
,
II
II
CBRTIPICATB or SBRVICB
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I hereby certify that I Barbara Sumple-Sullivan, Esquire have
I this day served a true and correct copy of the within Petition upon
: Icounsel of record by placing same in the United states mail,
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',postage prepaid, addressed as follows:
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Lawrence F. Clark, Jr., lequire
Clark Law A8eociatee
825 Fishburn Road
Hersey, Pennsylvania 17
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549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. N32317
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plaintiff
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!' Defendant
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: I. THB COURT OF COMMOR PLBAS
: CUMBERLAND COUNTY, PBMMSYLVMIA
: No.: 94-2340
: CIVIL ACTION - IN DIVORCB
AFFIDAVIT OF SBRVICB
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that I
~erved a copy of the Complaint in Divorce in the above-captioned
~atter by United states Mail, Restricted Delivery, Certified No. P
I
~10-056-909, Return Receipt Requested, on the above-named
befendant, Kay F. Novak, on May 4, 1994, at Defendant's last known
I,
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rddress: 420 Rosedale Avenue, Highspire, Pennsylvania 17034. The
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~riginal receipt and return receipt card number P 210-056-909 are
'ttached hereto evidencing
,
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May 6, 1994
, 1994.
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549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
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RONALD A. NOVAK, . IN THE COURT OF COIllON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . No. 84-2340 CIVIL TERM
.
.
.
KAY F. NOVAK, . CIVIL ACTION - DIVORCE
.
Defendant .
.
INCOME AND EXPENSE STATEMENT
OF
KAY F. NOVAK
Elployer
Addres8
Type of Work
Payroll Number
Pay Period
William McWilliams
420 R08edale Avenue. High8pire, PA
HOU8ekeeper
Weekly
Gross Pay Per Pay Period
$166.00
ITEMIZED PAYRDLL DEDUCTIONS
Federal Withholding
FICA
FICA MEDIC
Unemployment
State Income Tax
Looal Income Tax
B.27
9.61
2.26
.23
4.34
1.65
Net Pay Per Pay Period
$128.76
. .
v.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2340 CIVIL TERM
RONALD A. NOVAKJ
Plaintiff
.
.
KAY F. NOVAK,
Defendant
.
.
.
.
.
.
CIVIL ACTION - DIVORCE
VERIFICATION
THIS IS TO VERIFY that the facts and statements made in the
foregoing Income and Expense Statement are true and correct to
the best of my knowledge, information and belief. I understand
that false statements made therein are subject to the penalties
contained in 18 Pa.C.S.'!4904, relating to unsworn falsification
to authorities.
Dated: I )d 13 ,qcw
I
;(04 1. 77 &V~
Kay Fc1Novak, Defendant
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RONALD A. NOVAK,
Plaintiff
IN THE COURT OF COIIION PLEAS
CUIIIEALAND COUNTY, PENNSYLVANIA
No. 94-2340 CIVIL TEAM
CIVIL ACTION - DIVORCE
v.
KAY F. NOVAK,
Defendant
PRE-TRIAL STATEMENT
Defendant. by her attorneys, Clark Law Assooiates, P.C.,
files this pre-trial statement in accordance with Pa.R.C.P.
1920.33(b).
1. Expert Witnesses:
None kn~wn at this time. Defendant reserves the right
to supplement this statement.
2. Exhibits:
a. Defendant's Inventory and Appraisement
b. Defendant's Income and Expense Statement
Plaintiff reserves the right to supplement this
statement.
9. Proposed Resolution:
a. The marital portion of all pension and/or
retirement plans or other investment plans shall
be evaluated and divided equally.
b. Each party shall retain the personal items
currently in his or her possession.
c. One half (~) of the marital property portion of
the 1990 Pontiac shall be awarded to the
Defendant.
d. Plainti ff shall pay alimony in the amount of
$400.00 per month to the Defendant. for a time
CloA.. LAW AUOOIATlI. P.C.
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ASSETS OF PARTIES
Defendant marks on the list below those items applicable to
the case at bar and itemizes the assets on the followiny pages.
( ) "
(x) 2.
( ) 3.
( ) 4.
(x) 6.
(x) 6.
( ) 7.
( ) 8.
( ) 9.
( ) 10.
( ) 1"
(x) 12.
( ) 13.
( ) 14.
( ) 16.
( ) 16.
( ) 17.
(x) 18.
(x) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
( ) 24.
( ) 26.
( ) 26.
Real property
Motor vehioles
Stocks, bonds. securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts. money market savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses
Employment termination benefits
Profit sharing plans
Pension plans
Retirement plans
Disability payments
Litigation claims
Military/V.A. benefits
Education benefits
Debts due
Household furnishings and personalty
Other
2
MARITAL PROPERTY: Defendant lists all marital property in which
either or both spouses have a legal or equitable interest
individually or with any other person as of the date this action
was commenced.
ITEM NO. 1
DESCRIPTION:
VALUE:
DATE OF VALUATION:
NON-MARITAL PORTION:
ITEM NO.2
DESCRIPTION:
VALUE:
DATE OF VALUATION:
NON-MARITAL PORTION:
ITEM NO.3
DESCRIPTION:
VALUE:
DATE OF VALUATION:
VALUE AT SEPARATION:
NON-MARITAL PORTION:
ITEM NO.4
DESCRIPTION:
VALUE:
DATE OF VALUATION:
VALUE AT SEPARATION:
NON-MARITAL PORTION:
ITEM NO.6
DESCRIPTION:
VALUE:
DATE OF VALUATION:
VALUE AT SEPARATION:
AMOUNT/NATURE OF LIEN:
Bon-Ton Stores Inc.
Retirement savings Plan
Kay F. Novak
$630.55
August 7, 1992
premarital contributions
Exhibit A
Bon-Ton Stores, Inc.
Profit Sharing Retirement Plan
Kay F. Novak
$1,803.67
~~g~:~i~:i ~~~~ributions
Exhibit B
PP&G Industries. Inc.
Pension/Retirement Plants)
Ronald A. Novak
unknown
unknown
unknown
Premarital and post-separation
contributions
DAFCU Checking/Saving
Account No. 34885
unknown
unknown
$1,300.00 approximate
Post-separation deposits and interest
1990 Pontiac
unknown
unknown
unknown
DAFCU car loan
3
LIABILITIES: Defendant lists all liabilities of either or both
spouses alone or with any person as of the date of separation.
ITEM NO. 1
DESCRIPTION:
AMOUNT OF DEBT PRESENTLY:
AMOUNT OF DEBT AT SEPARATION:
ITEM NO.2
DESCRIPTION:
AMOUNT OF DEBT PRESENTLY:
AMOUNT OF DEBT AT SEPARATION:
ITEM NO. 3
DESCRIPTION:
AMOUNT OF DEBT PRESENTLY:
AMOUNT OF DEBT AT SEPARATION:
ITEM NO.4
DESCRIPTION:
AMOUNT OF DEBT PRESENTLY:
AMOUNT OF DEBT AT SEPARATION:
DAFCU Car loan
unknown
$8,000.00 approx
DAFCU loan
unknown
$1,800.00 appro x
Bank 1 Visa
$957.12
unknown
First Card MasterCard
$2,929.75
unknown
5
IJIhlbtt A
Exhibit B
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exhibit C
JUDITH MOSER
REGISTER OF WILLS .nd
CLERK OF THE ORPHANS' COURT
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-
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TlLlPHaMl1 (411) 1M.""
IN RE:
IRENE D. BOWERS
OC 184 of 1990
PLEASE BE ADVISED that the Account filed by you
relative to the above-referenced estate has been Confirmed
Absolute on the
18
day of
Nove.ber
, 19...,2L.
WITNESS my hand and seal of office the date and
year first above written.
~~ ~c--
J ITH MOSER
egister of Wills &
Clerk of Orphans' Court
1127
STEINER, STEINER AND ANDREASSI
A"OIlNEY8 AT LAW
TIIUITEE ACCOUNT
,eo N, MC I<EAN 6T.
KI"ANNING. PA '8201
IO-IOII/l13
November 22 ,g~
PAY
TOTHE
OROIII OF
- . . .~ ~. '.
1$2949.27 . _
Novak
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Kay Dunmyre
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t" "l' ,. '.. ' I' j l,ot"l i.., 1..,1'( 'J' U .,,4,IJ II' "
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DOLLARS
FDA
1..11IU'OlllCt
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Irene Bowers Estate
11'00 ~ ~ i! 711' 1:0" ~ ~ ~O ~ HI:
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. : 94-2340
: CIVIL ACTION - IN DIVORCE
.
.
RONALD A. NOVAK,
plaintiff
KAY F. NOVAK,
Defendant
PRETRIAL STATRMENT PURSUANT TO Pa. R.C.P. 1920.33
I. .. PLAINTIFP'S BACKOROUIID
Ronald A. Novak
324 N. Walnut street
Mt. Holly Springs, PA 17065
DOB: 3/3/53
Occupation: Laborer - Net monthly income '1,400.00
b. DEPENDANT' S BACKOROUIID
Kay F. Novak
420 Rosedale Avenue
Highspire, PA 17034
DOB: 8/19/41
Occupation: Seamstress - Net monthly income $700.00
Date of Marriage: 11/09/91
Place of Marriage: Mechanicsburg, PA
Children: None
c.
d.
e.
I f.
i
!; g.
i ,
"
,
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jl
i
1
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irretrievably broken/
Orounds for divorce: Marriage is
Indignities (DOS: 12/02/92)
Issues for determination: Equitable Distribution
Alimony
Alimony Pendente Lite
Counsel Fees and Expense.
II. PERTINENT PROCEDURAL HISTORY
05/03/94
05/05/94
06/07/94
,
l'
Complaint in Divorce
Service of Divorce, certified mail
P-210-056-909
Answer with Counterclaim
I
1
I
(?) I
I
.
.
Plaintiff lists all property in which a spouse has a
legal or equitable interest which is claimed to be excluded
from marital property:
Item Description Names of
Number of ProDsrt.v All Owner.
2. 1190 Pontiac Grand Am Ronald Novak
17. PPG Employee Savings Ronald Novak
(Subject to Marital Loan)
18. 22/23 PPG Pension Ronald Novak
25. Oak Entertainment Center Ronald Novak
Large Bookcase/ Desk Ronald Novak
PROPERTY TRANSFERRBD
Item
Number
Description
of ProDort:.v
Date of
Transfer
Consid- Person
eration to Whom
Transferred
NONE
LIABILITIES
Item
Number
Description
of ProDertv
Names of
All Creditors
Names of
All Debt.ors
Marital Debts:
Personal Loan (Sewing Machine) $2200.00
1992 IRS tax liability
5830.00
Kay and Ron
Kay and Ron
3
Life Insurance
Health Insuranoe
SQ..OO
other (Specify)
Net Pay par Pay Period:
,
736.08
OTHER INCOME: Weekly Monthlv Y8lII'1v
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Accounts
Gifts
Unemployment Compo
Workmen/s Compo
SUDDort:./sDousal , . ,
Total
,
.
.
TOTAL INCOME:
,
weekly wI sunDart
RXPENSES Weekly Monthlv Y-..lv
Home
*MortQaQe/Blmt. 1350.00 .
Maintenance 25..00
Utilities
Electric 33.00
Gas
Oil 20.00
Water
Telephone 25.00
Employment
public Transportation
Lunch S S 25.00 .
Taxe8
Real E8tate
Per80nal property . 15.00 .
Income
Insurance
Homeowners
Automobile S 38..00 .
Life 1 .
Accident
Health - Bc/BS . .
other
Charge Account
. 75.00
Memberships
(ambulance)
Loans
Credit Union
.112.00
Miscellaneous
Household help
Child Care
Papers/books
magazines
Entertainment
Pay TV
Vaoation
1& 1&
l...J 5 . 00 1&
1& 1&
1& .
1& 10.00 1&
S 30.00 1&
1& 10.00 1&
275.00
125.00
Gifts
LEGAL FEES:
Charitable Contributions
other child support
Alimony payments
(support payments)
RONALD A. NOVAK,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2340 CIVIL
1994
KAY F. NOVAK,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
.~ "',1
day of 11)1 GlA <r
1995, the economic claims raised in the proceedings having been
resolved in accordance with a property settlement agreement
dated February 23, 1995, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
P.J.
CCI Barbara Sumple-Sullivan
Attorneys for Plaintiff
Lawrence F. Clark, Jr.
Attorney for Defendant
'dO' J, ~ (, '1~1d
I:~r,,~ ':~\'1"Hltn1
J.~HC~C'L '!Il' JO
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561 HV DE II E HVW
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, LAW~
IAIIAllA IUMPLNUWVAN
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NlIWCUM8I.ANI>. ......yANlA .-
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.
PROPERTY SETTLEMENT AGRBEMENT
'l'HIS AGREEllEN'l', made this ';;j~ day of '~'7 ~ 1995,
by and between RONALD A. NOVAK, hereinafter referred to as
"HUSBAND", and KAY F. NOVAK, hereinafter referred to as "WIFE".
WI'l'NESSBTH, That:
WHEREAS, the parties hereto are husband and wife, having been
lawfully joined in marriage on November 9, 1991, in Mechanicsburg,
Cumberland County, Pennsylvania.
WHEREAS, No children were born of this marriage.
WHBREAS, it is the intention of the parties to settle fully
and finally their respective financial and property rights and
obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (1) the
settling of all matters between them relating to the ownership of
real and personal propertYi (2) the settling of all matters between
them relating to the pasl, present and future support and/or
maintenance of HUSBAND and WIFEi and (3) the settling of all
matters between them relating to any and all rights, titles and
interests, claims and possible claims in or against the estate of
the other.
NON, 7WEREFORE, with the foregoing recitals being hereinafter
incorporated by reference and deemed an essential parl hereof in
consideration of lhe foregoing recitals, the mutual promises,
covenants and undertakings herein set forth, and for good and
valuable consideration, receipt of which is hereby acknowledged by
each of the parties hereto, HUSBAND and WIFE, each intending to be
legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and
fair opportunity to obtain independent legal advice of counsel of
their selection. HUSBAND has been independently represented by
Barbara Sumple-Sullivan, Esquire. WIFE has be independently
represented by Lawrence F. Clark, Esquire. Each party further
declares that they are executing this agreement freely and
vOluntarily, having obtained such knowledge and disclosure of their
legal rights and obligations and that they acknowledge that this
agreement is fair and equitable and is not the result of any fraud,
coercion, duress, undue influence or collusion.
2. PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint, interference or authority, direct or indirect, bV the
other in all respects as if she or he were unmarried, except as may
be necessary to oarry out the provisions of this Agreement. Each
2
" .
may re.ide at such place or places as she or he may .eleot. Bach
may, for his or her separate use or benefit, conduct, oarry on and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND
and WIFE of the lawfulness of the causes which led to, or resulted
in, the continuation of their living apart. HUSBAND and WIFE shall
not molest, harass, or malign the other or the respective families
of each other, nor compel the other to cohabit or dwell in any
manner with him or her, nor in any way interfere with the peaceful
existence, separate from each other.
3 . DEBTS
Eaoh party represents that they have not contracted any debt
or liability for the other for which the estate of the other party
may be responsible or liable. Neither party will hereafter incur
any liability whatsoever for which the other party or the estate of
the other party will be liable. Each party agrees to indemnify and
hold harmless the other from and against all future obligations of
every kind incurred by them, including those for necessities.
Additionally, WIFE will continue to be solely liable for
certain debts she has paid since separation. These debts
specifically include First Card Mastercard and Bank One Visa. WIFE
will indemnify and hold HUSBAND harmless from said debts.
3
,r ,
HUSBAND will oontinue to be solely liable for certain debts he
has paid since separation. These debts specifically include the
DAFCU loans HUSBAND shall indemnify and hold WIFE harmless from
eaoh of the aforementioned debts. To the best of the parti.s'
knowledge, the parties affirm no other joint debts exist.
4. WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an
opportunity to value or have appraised any and all marital
property, and they do hereby waive a formal appraisal and inventory
of same, and no statement or representation by either party as to
value shall be deemed a misstatement or misrepresentation to the
other or be deemed fraudulent.
5. MARITAL AND NON-MARITAL ASSETS
HUSBAND and WIFE do hereby aCknowledge that they have
heretofore divided the non-marital assets and marital assets
including but without limitation, business interests, jewelry,
clothes, furniture, stocks, bonds, pensions and other assets
wherever situated whether real, personal or mixed, tangible or
intangible, and HUSBAND agrees that all assets in the possession of
WIFE shall be the sole and separate property of WIFE/ and, WIFE
agrees that all assets in the possession of HUSBAND shall be the
sole and separate property of HUSBAND. Each of the parties does
hereby specifically waive, release, renounce and forever abandon
4
whatever claiml, if any, he or she may have with respect to any of
the above laid iteml which are the sole and separate property of
the other.
This document shall constitute a bill of sale for said sole
property.
6. REAL ESTATE
The parties own no real estate.
7. MOTOR VEHICLES
HUSBAND shall have sole title and ownership of the 1990
Pontiac. Husband shall be solely liable to pay the encumbrance on
said vehicle.
8. PENSION
WIFE waives any and all claims that she may have against the
pension, employee saving or other stock benefit program of the
HUSBAND, is applicable.
9. BANK ACCOUNTS AND INVESTMENTS
Each party shall have sole possession of the bank accounts in
their own names.
10. INSURANCE
Each party shall retain ownership of any life insurance policy
in his or her name.
5
11. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED
BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED
HUSBAND and WIFE acknowledge and agree that the provisions of
this Agreement are fair, adequate and satisfactory to them. Both
parties agree to accept the provisions set forth in this agreement
in lieu of and in full and final settlement and satisfaction of all
claims and demands that either may now or hereafter have against
the other for equitable distribution, alimony, alimony pendente
lite, counsel fees, costs and expenses or other provisions for
their support and maintenance before, during and after the
commencement of any proceeding for divorce or annulment between the
parties.
12. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of
personal property, tangihle or intangible, hereafter acquired by
HUSBAND or WIFE, 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.
13. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate and satisfactory to them and are accepted by
6
,r ,
them in lieu of and in full and final satisfaction of any claims or
demands that ei ther may now or hereafter have aqainst the other for
future support, maintenance or alimony, except as specifically set
forth herein. WIFE does further, voluntarily and intelliqenUy,
waive and relinquish any riqht to seek from the HUSBAND any
additional sums for spousal support or any sums as alimony or
alimony pendente lite expect that HUSBAND shall continue to pay
WIFE the sum of Two Hundred Dollars 00/100 ($200.00) in spousal
support for the period of February, 1995 through December, 1995.
This sum shall be non-modifiable in amount and term except same may
be terminated in the event of death of either party. The parties
aqree to sign a Stipulation Order of Support to be entered in the
Domestic Relations Office signifying the terms of this aqreement.
Further, HUSBAND agrees to maintain WIFE on his medical
insurance coverage as offered by his employment through February 1,
1996. All costs for non-reimbursed medical expenses of WIFE shall
be the sole responsibility of WIFE who agrees to save harmless and
indemnify HUSBAND for any suoh expenses. In no event shall the time
period during which HUSBAND is to provide said support or medical
coverage be extended.
14. SUBSEOUENT DIVORCE
A deoree in divorce, entered by a court of competent
jurisdiotion to either party, shall not suspend, supersede or
7
affect the terms of this Agreement. Both parties agree to enter a
Consent Deoree concerning the provisions of this Agreement in the
Court of Common Pleas of Cumberland County, Pennsylvania, on
February 1, 1996 in full resolution of the divorce action filed to
Docket Number 94-2340 Civil Term and all claims raised therein.
This Agreement, and the terms and conditions contained herein, as
well as the enforcement of said terms and conditions, shall not be
contingent upon the granting of a Divorce Decree to either party by
the Court of Common Pleas of Cumberland County, Pennsylvania.
Simultaneously with this agreement, HUSBAND and WIFE agree to
execute consents, dated to be effective February 1, 1996, which
consents are to be escrowed by counsel for HUSBAND. Said counael
shall proceed to file said consents and finalize the divorce after
February 1, 1996. Both parties hereto agree that this Agreement may
be incorporated into said Court Order in full settlement of claims
raised in this action but shall not merge into the Decree of the
Court of Common Pleas of Cumberland County, Pennsylvania.
15. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the
other party, they will forthwith execute and deliver to the other
party, any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper effectuation of this
8
.. .
Agreement and UnalhaUon this divorce in accordance with the
terms of this Agreement.
16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and forever relinquishes
any and all rights which he or she may now have, or may hereafter
have, against the other party under the present or future laws of
any jurisdiction (a) to share in the estate of the other party upon
the other parties death and (b) to act as executor/rix or
administrator/rix of the other party's estate or be a beneficiary
of any will existing at the time of execution of this agreement.
17. MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate of such
other, for all time to come, and for all pUrpos~s 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 and wheresoever situate, which she or he
now has or at any lime hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of
any former acls, contracts, engagements or liabilities of such
other or by way of equitable distribution, dower or curtesy, or
claims in the nature of dower or courtesy of widow's or widower's
9
right., family exemption or similar allowance, or under the
intestate laws, or the right to take against the spouse's will, or
the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any state, commonwealth or
territory of the United states, or (c) any other country, or and
rights which HUSBAND or WIFE may have or at any time hereafter have
for the past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherWise, except,
and only except, all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any thereof.
Each of the parties hereto further covenants and agrees for
himself and herself and his or her heirs, executors, administrators
and assigns, that he or she will never, at any time hereafter, sue
the other party or is or her heirs, executors, administrators and
aSSigns, for the purpose of enforcing any of the rights
relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the
other to be probated and allow administration Upon his or her
personal, real or mixed estate and allow effects to be taken out by
10
the person or persons who would have been entitled to do 10 had
HUSBAND or WIFB died during the lifetime of the other. Bach of the
parties hereby releases, relinquishes and waives any and all right
to act as executor or executrix or administrator or administratrix
of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other'
by the execution of this Property Settlement 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
thereof.
1B. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be
binding upon and inure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors or assignl.
19. SEPARABILITY
If any provision in this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
20. ENTIRE AGREEMENT
11
,r ,
HUSBAND and WIFE do hereby covenant and warrant that thie
Agreement oontains all of the representation8, promi8e8 and
Agreements made by e1t;her of t.hem to t.he ot.her for the purpo8e8 8et
fort.h in the preamble hereinabove; that there are no Claims,
promise8 or representations not herein contained, either oral or
written, Which shall or may be charged or enforced or enforceable
unless reduced to writing and 8igned by both of the parties hereto.
21. BINDING EFFECT OF AGREEMENT/WAIVEij
This Agreement shall remain in full force and effeot unle8S
and until terminated under and pursuant to the terms of this
Agreement.
The failure of either part.y to insist upon strict performance
of the provi8ions of t.his Agreement shall not be construed as a
waiver of any SUbsequent. default of t.he same or similar nat.ure, nor
8hall Such failure be const.rued as a waiver of any other term,
condition, clause or provision of t.his Agreement.
22 . BREACH
If either party breaches any proviSion of this Agreement, the.
other part.y shall have the right., at his or her eleotion, to sue
for damages for 8uch breach or seek such ot.her remedies or relief
as may be available t.o him or her, and the party breaching thi8
cont.ract. shall be responsible for payment of reasonable legal fee8
and cost.s inourred by the other in enforCing t.heir rights under
12
r'
COUNTY OF
) ss.
)
, '.
DAUPHIN
Before me, the under8igned officer, a Notary Publio in and for
8aid Commonwealth and County, pereonally appeared KAY F. NOVAK, who
being duly affirmed aocording to law, depo8el and lay. that the
faot. aQd matter set forth in the within and foregoing Property
Settlellent Agreement are true and correct to the best of hiB
knowledge, information and belief.
..f/~~ :2 1'1-A
KAY F. NOVqK </
Affirmed and subscribed to before me this
FlbwlfY , 1995.
if. ~ '.:WI~k ) iu..
NOT~ PUBLIC
14th day of
" "
" "
. "
My oommission expires:
Karch 20. 1995
(SEAL)
" ;
',', \
. .
..
NaIIt1aI SIll J
EIabIlh S. Ed<, NIle
T"'l1~
1.\'~~='ll95
14