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HomeMy WebLinkAbout01-6213MARLAND LEROY YOHE, H, Plaintiff DAWN MICHELE YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- (~/~ CIVIL TERM IN DIVORCE NOTICE 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 ease may proceed without you end a decree in 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 fights important to you, including custody or visitation of your children. 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, Cumberland County Courthouse, 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MARLAND LEROY YOHE, II, Plaintiff DAWN MICHELE YOHE, Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2001- ~} 3 CIVI~ TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT T._QO SECTION 3301(c} OF TIIE DIVORCE COD~E NOW comes the plaintiff, Marlend Leroy Yohe, II, by his attorney, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against the defendant, Dawn Michele Yohe, representing as follows: 1. The plaintiff is Marland Leroy Yohe, II, an adult individual residing at 680 Walnut Bottom Road, Shippensburg, Carlisle, Cumberland County, Pennsylvania 17257. 2. The defendant is Dawn Michele Yohe, an adult individual residing at 71 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were mat'dad on October 3, 1998, in Newburg,, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that he has been advised of the availability of counseling end that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: October 29, 2001 ~t~mey for Plaintiff ~ West Pomfret Professional Bi~lding 60 West Pomfret Street J 222 Supreme Court I.D. No. 25476 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date October 29, 2001 MARLAND LEROY YOHE, II MARLAND LEROY YOHE, H, Plaintiff DAWN MICHELE YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: October 29, 2001 MARLAND LEROY yOHF~, II MARLAND LEROY YOHI~, II, Plaintiff DAWN MICHELE YOHE, Defendant IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- (~I~CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, DAWN MICHELE YOHE, the defendant in the above-captioned divorce action, hereby verify that I have accepted service of the Complaint in Divorce filed under Section 3301(c) of the Divorce Code on October 30, 2001. Date: October 30, 2001 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the 30th day of October, 2001, before me, the undersigned officer, personally appeared DAWN MICHELE YOi~l~, known to me to be the person whose name is subscribed to the above instrument end acknowledge that she executed same for the purposes therein contained. Notarial Sea Martha L. Noel, Notary Public Cad~ Boro Cumberland Courdy My Commission Expires Sept. 18, 2003 Member, Pe~nsyl~ania Assoc~ o~ Notaries MARLAND LEROY YOHE, H, Plaintiff DAWN MICHELE YOI:IF~, Defendant : IN Ti~g~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2001- 6213 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose fights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are ~ue and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: ~4arch 27 , 2002 MARLAND LEROY YOHE, H, Plaintiff Ve DAWN MICHELE YOHE, Defendant : IN Tl:lg~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001- 6213 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed i~om the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: ~arch 27 , 2002 "- DAWN MILLE YOHE MARLAND LEROY YOHE, II, Plaintiff DAWN MICHELE YOItF~, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2001- 6213 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: March 27 , 2002 MARLAND LEROY YOHE, II Plaintiff MARLAND LEROY YOHE, II, Plaintiff DAWN MIC[IF. LE YOHE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-6213 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: Hatch 27 , 2002 Defendant MARLAND LEROY YOHE, II, Plaintiff DAWN MICHELE YOHE, Defendant IN THI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-6213 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: llarch 27 , 2002 M 4RRIA GE SETTLEMENT AGREEMENT THIS AGREEMENT made this 25th day of August, 2000, by and between DAWN MICHELE YOHE, (hereinafter referred to as "WIFE") and MARLAND LEROY YOHE, II, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 3, 1998, in Newburg, Cumberland County, Pennsylvania, and were separated on August 12, 2000. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely infomaed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that confoims to a just and fair standard, with due regard to the fights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. o Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any girls or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for his outstanding debts and agrees to hold WIFE harmless and indemnifies her for any debt incurred after the date of separation. WIFE will be solely responsibility for her outstanding debts and agree to hold HUSBAND haiti-tess and indemnify her for any debt incurred after the date of separation It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. o SUPPORT and ALIMONY: HUSBAND will not provide spousal support or alimony pendente lite to WIFE, and WIFE will not provide spousal support or alimony pendente lite to HUSBAND. After the entry of a Divorce Decree, neither party will seek alimony from the other. belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: a. WIFE agrees to waive any and all interest which she may have in HUSBAND's motor vehicles. b. HUSBAND agrees to waive any and all interest which he may have in WIFE's automobile, a 1991 MX6 Mazda automobile. 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND's employee benefits. HUSBAND waives all right, title and claim to WIFE'S employee benefits, including but not limited to retirement, profit sharing and medical benefits. 12. BENEFITS AND BANK ACCOUNTS: V~IFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of thc HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 6 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal procoedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (e) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 7 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 17. ENTIRE AGREEMENT: This Agreement conta'ms the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 18. This Agreement shall be construed under the Laws of the 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: 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 may now have or hereai~er acquire, under the present or furore 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, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to can~ into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ,NESSES: ~ (SEAL) (SEAL) COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this . day of J~0(~ .. 2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DAWN MICI:iELE YOHE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the proposes therein contained. IN WITNESS WHEREOF, I have herenntg.,set my hand and official seal. . r o)[l_ _ _ qO~,A,.RIAL SEAL PAMELA A fiW~TALSKI, Notary Public Shippensburg, Cumberland County My Comrms,~ion Expires Feb. 9.2004 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ~' - 'day of~ 2000, Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MARLAND LEROY YOHE, Il, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WlTNESS WItEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Bom, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries 10 DIVISION OF PERSONAL PROPERTY Marland L. Yohe H Garage-½ of what is paid will be paid to Dawn within 6 months $1460.00. House- in full/property Retirement/Roth-Marland Lawn mower/push mower/sweeper Rocky-dog Xena-cat Sanyo VCR Sony CD player Ma~avox Stereo 13 inch GE TV 20 inch Panasonic TWstand 19 inch Sears TV Washer/Dryer Frigidaire Freezer GE Frig. 1/green 1/white GE stove Microwave/stand Maytag Dishwasher Window fan/Floor fan Bed/1 nightstand/lamp All Joint Accounts are to be divided equally. Honda/Chevy/4-wheeler Cloth Closet Aia.. clock Air Conditioner Whirlpool 2-GE Phones Desk Gray Filing Cabinet Caller ID Everyday-Dishes/cups Tools/equipment in garage Dinner Trays 2 wooden lamps 2 Lazy Boy Chairs 2 end table set Grill 2 Kitchen Chairs 2 Plastic green chairs Electrolux/spot cleaner Ail Guns/cabinet Chest 3worn and sub~s~bed to before_me this/-~-1 day I Marland L. Yohe H agree to these terms. I/~M... Yohe agree to these terms. MARLAND LEROY YOHE, II, Plaintiff Vo DAWN MICHELE YOHE, Defendant IN Tm~ COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-6213 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Dawn Michele Yohe, on October 30, 2001, by personal service and is evidenced by the Acceptance of Service signed by her and filed on the same date. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: March 27, 2002; by defendant: March 27, 2002. Co)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: Prothonotary: Prothonotary: Co)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or Co). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Co) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the March 28, 2002. March 28, 2002.Date defendant's Waiver of Notice~0~~~~ Div~e~~s wasrfiled with the MARCUS A. Me QUIRE Attorney for Plaintiff iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MARLAND LEROY YOHE, II, Plaintiff VERSUS DAWN MICHELE YOHE, Defendant STATE OF .~. PENNA. NO. 2001-6213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, DECREED THAT AND DECREE iN DIVORCE MAP, LAND LEROY YOHE, II DAWN MICHELE YOHE ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2002 IT IS ORDERED AND _, PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HaVE BEEN RAISED Of REC.~l~ IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; O~ The Marriage Settlement Agreement dated August 25, 2000 and signed by the parties is hereby incorporated into this Decree, but not merged. BY TH~ ATTEST~ J. PROTHONOTARY