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HomeMy WebLinkAbout03-4894Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- /1/~'~ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, PA 17013 (717) 249-3166 Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- /7/,g~ CIVIL TERM : : CIVIL ACTION - LAW :IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Gary Hockenberry, an adult individual, currently residing at 4 Neil Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Cynthia Hockenberry, an adult individual, currently residing at 104 Lurgen Ave., Shippensburg, Franklin County, Pennsylvania. 3. Plaintiff and Defendant are bonaflde residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on July 21, 1990 in Franklin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. There is one child, Taran Hockenberry, date of birth October 5, 1992 who was born of this marriage. 8. At all times, Taran Hockenberry resided with the Plaintiff and Defendant at 4 Neil Road, Shippensburg, PA 17257. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request the court require the parities to participate in counseling prior to divorce decree being handed down by the court. 11. It is believed and therefore averred that all debts and assets have been/one being divided by mutual agreement and shall be in each parties possession. 12. It is believed and therefore averred that custody shall be mutually agreed upon by the parties, as indicated in the proposed separation and property settlement agreement. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce from the bonds of matrimony. Respectfully Submitted TURO LAW OFFICES 28 South Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S, §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Divorce Complaint upon Cynthia Hockenberry by depositing same in the United States Mail, Certified Returned Restricted Delivery, postage pre-paid on the //;7'/'~/ day of ~:~/,~,,, ,~,-- 2003, from Carlisle, Pennsylvania, addressed as follows: Cynthia Hockenberry 104 Lurgen Ave. Shippensburg, PA 17257 TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff GARY HOCKENBERI~Y, Plaintiff CYNTHIA HOCKENB~RRY, Dcfendagt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4894 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE To the Prothonotary: Enter the appeax Hockenberry. PRAECIPE FOR ENTRY OF APPEARANCE ante of Brace J. Warshawsky, Esquire, on behalf of Defendant, Cynthia METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Supreme Court ID# 58799 Metzger, Wickersham, Knauss & Erb, P.C. 3211 N. Front. St. Harrisburg, PA 17110 (717) 238-8187 Attorneys for Defendant 291661-1 CERTIFICATE OF SERVICE AND NOW, thi~ ~ day of October, 2003, I, Bruce J. Warshawsky, Esquire, of Metzger, Wickersham, ~nauss & Erb, P.C., attorneys £or Defendant, hereby certify that I served a copy of the within Priecipe for Entry of Appearance this day by depositing the same in the United States mail, poslage prepaid, at Harrisburg, Pennsylvania, addressed to: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 ruce J. Warshawsly~///~ 291661-1 SEPARATION AGREEMENT AND PROPERTY SETTLEMENT This Agreement, made and entered into this _~,~jl~ day of ~,,'~' , 2004, between Gary Hockenberry, of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and Cynthia Hockenberry, of Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as "Wife". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on July 21, 1990 in Franklin County, Pennsylvania; WHEREAS, there has been one child born of this marriage between Husband and Wife, to wit: Taran Hockenberry, d.o.b. October 5, 1992. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of (;ach other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, new owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or end~.avor~' to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of (;lower or curtsey, r ghts to nherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiar had predeceased the testator. The parties further agree that they may and can hereafte~ as though unmarried, without any joinder by him or her, sell, convey, transfer or encumbel any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise' of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the pa~lies hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The Father, Gal¥ Hockenberry, and Mother, Cynthia Hockenberry shall enjoy shared legal custody ofTaran Hockenberry, born October 5, 1992. Physical Custody. Physical Custody shall be shared between Father and Mother. Liberal visitations shall occur as mutually agreed upon between Father and Mother. 5. Support. a. Child Support. The parties agree that Husband shall provide $50.00 per week child support payments to Wife as "non-DRO" payments. Both parties agree not to file with Domestic Relations as of the date of this Agreement; however, after the divorce decree is finalized, either party may file with Domestic Relations in the event there is a substantial change of circumstance as defined by Pennsylvania law. The payments shall terminate at Taran's 18% birthday or upon Taran's high school graduation, whichever occurs last but in no event will the payments continue beyond June, 2011 unless Taran's high school graduation is delayed due to circumstances beyond Taran's control which shall not be deemed to include a delayI in graduation for purely academic reasons;; furthermore, the payments w cease during periods of custody when Taran chooses to live with Father greater than 50% of the time during weekly custodial periods. This provision is not intended to supercede Pennsylvania Law governing Child Support which is controlling. b. Medical Care for the Children. The parties agree that the children shall be carried upon the employer sponsored medical insurance programs provided to Husband. ']'he parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided by apportionment of the parties salary but in no event shall the apportio~nment to Father exceed 75% of the uninsured amount. c. The parties agree to declarE; the child as a tax deduction on an alternating yearly basis: Husband shall declare Taran as a deduction for the 2004 year and Wife shall declare Taran for thE." year 2005 and the alternating shall continue until Taran is age ineligible to be declared by either parent. d. The parties agree that Husband shall continue to pay $100.00/month into a trust fund account designating the child as beneficiary. Husband shall be the trustee of the trust account. The monthly payments shall cease upon the child's 18t~ birthday or his graduation from high school, whichever occurs later. In the event the child does not graduate from high school,, the payments shall cease on child's "expected" graduation date (May/June of 2011) e. The parties agree that all trust money maintained by the trustee for Taran's post secondary education shall be distributed to Taran for his post secondary education not later than Taran's 25~ birthday and in accord with the trustee's discretion. Upon Taran's successful completion of post secondary education (technical training, college, etc.), and in the event that there is a remainder in Taran's trust after Taran's successful completion of his post secondary education, the remaining trust monies shall be distributed to Taran. Should Taran not graduate from a post secondary education program before age 25 and only in that event, the trust shall terminate and be distributed on or before Taran's 25th birthday and the distribution shall be made in equal shares to Taran Hockenberry, Jason Hockenberry and Angela Hock. Distribution of Marital Assets. 4 a. The parties agree that the items of personal property was distributed and shall be the sole and exclusive property of Wife/Husband. All other personal property obtained by the parties during the marriage shall be the sole and exclusive property of the Wife/Husband. Henceforth, .each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and descriptien and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to tile Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the 1964 Dodge, 1967 Dodge Dart G.T. and 1988 Eagle Premier shall be the sole and separate property of the Husband. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby oollections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debts. The parties agree that they will each be responsible for any existing debts. Husband shall be responsible for all debts incurred by Husband and Wife shall be responsible for all debts incurred by Wife. The parties hold each other harmless for any liability for each parties debt. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. Real Property. The parties agree that the real property located at 4 Nell Road, Shippensburg, Cumberland County, Pennsylvania, shall be valued at $85,000.00 and that said property has a mortgage approximating $76,700.00. The existing mortgage shall be transferred into the name of Husband. Husband agrees to assume the existing mortgage of approximately $76,700.00 and to hold wife harmless for any debt thereto. ThE parties shall execute all documents concerning the transfer of title to Husband. In consideration, Wife shall waive all rights to the residence held by Husband. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home and cooperate in the prompt payment of all marital debts as outlined above. 10. Waiver of Alimony. In consideration ofthe mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony and spousal support. 11. Pension. Wife agrees to accept $5,000.00 payment in full and complete consideration of waiving all claims and rights to HL]sband's pension/retirement/401K plans. Payment shall be made in the following ma~nner: Husband has paid $1,000.00 to wife and shall pay the remaining $4,000.00 to the wife upon the date of submission to the court of the divorce decree. 12. Counsel Fees and Court Costs. Each party agrees to pay their ow~ attorney fees and cost incurred in the preparation of this document as well as the preparation and filing of the divorce action captioned at 03-4894 Civil Term and the Custody order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending divorce between them in the Court of Common Pleas of Cumberland County to the caption Gary Hockenberry v. Cynthia Hockenberry, 03-4894 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decreE; in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 14. Breach. In the event that either party breaches any prevision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this marital settlement agreement or any pert o: par~s h6~eof may be enfon-,'ed in ~ny court of competent jurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises covenants or understandings between the parties other than those expressly set forth herein. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party sh~ll pay to the other ail attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNI iSS: 7 Gary Hockenberry, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBFRLAND COUNTY, PENNSYLVANIA v. : NO. 03--4894 Cynthia Hockenberry, Defendant CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under §3301(c) of the Divome Code was filed on September 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notic~ of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFI ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4894 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE _AFFIDAVIT O.F CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 17, 2003. 2. The marriage of Plaintiff and Defendant ,is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final DecreE; in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADF IN THE FOREGOING AFFIDAVI' ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HERE ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~)ate hia Hockenberry '~ ' Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAI~ : NO. 03.-4894 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDEr[ § 3301(c) OF THE DIVORCE CODF 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF: 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date~, - -,. _ ~. Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4894 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE ..WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODF 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 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREii~ ,ARE MADE SUBJECT TO THE PENALT!ES OF: !8 Pa.C.S. §4904 RELAT!NG UNSWORN FALSIFICATION TO AUTHORITIES. Date Y Hockenberry i C~plote items 3 4a and ,~h ' es. I also wish to receive the follow- c] Pnot your name and ~ddre wv. in[/services (for an extra fee): Q Al~ach this ~orm o the front of the ma Ipiece or on the ~c~ if space does not 1. [] Addressee's Address · A~icle Addre~ed to: ........ ~ ~ r 4a. Artic~{ /' [] Registered ~,~-?erti§ed ate of Ds [~ OOD PS Form 381 , December 1994 102595-99-B.0223 omestJc Return Receipt Gary Hockenberry, Plaintiff Cynthia Hockenberry, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4894 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE .PRAECIPE TO TRANSMIT RECORr~ 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 § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about September 24, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: May 21, 2004 By Defendant: May 11, 2004 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: May 24, 2004 By Defendant: May 24, 2004 Galen R. V~ altz,'Esg.ui~g' Attorney for' Plaintiff;./ IN THE COURT OF COMMON OFCUMBERLAND COUNTY STATE Of PENNA. Gary Hockenberry PLEAS NO. 03-4894 VERSUS Cynthia Hockenberry DECREE IN DIVORCE AND NOW, /',#,) ~ ~' DECREED THAT Gary Hnc~nb~ry AND Cynthia Hockenberry ,2004 , IT IS ORDERED AND , PLAINTIFF, _, DEFENDANT, ARE DIVORCED FROM THE 8ONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The "Separation Agreement and Property Sottlement" of May 21, 20041 attached hereto is incorporated but not merged in this Final Divor, Decree PROTHONOTARy