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HomeMy WebLinkAbout07-5606DEBRA M. CLINEFELTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. ROBERT B. CLINEFELTER, JR., Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is• indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at, the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS. FLOWER & SAMI[Sp F A3NVM & LINDSAY 26 west High Street Carlisle, PA Carol J. Lindsa Attorney Id. 44603 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff DEBRA M. CLINEFELTER, Plaintiff V. ROBERT B. CLINEFELTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. py_ SU& IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Debra M. Clinefelter, an adult individual residing at 145-B Farm Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Robert B. Clinefelter, Jr., an adult individual with a mailing address of P.O. Box 372431, Key Largo, FL 33037. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 10, 1994 in Key Largo, Florida. 5. There have been no prior actions of divorce or for annulment between the SAJUDIS FI OMMR ,& USIDSAY 26 West High Saes CadWe, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLO R & Ajj':?)7 ---I Carol J. Lindsay, E Attorney Id. 446 26 West High re Carlisle, PA 1 3 (717) 243-6222 Counsel for Plaintiff SAXIMS, UND"SAY 26 west High Street Carlisle, PA I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities. % Debra M. Clinefelter Date: (?a 0 ID -) SAHMS FLOWER ,& IIlVDSAY 26 west High Street Carlisle, PA SEP 2 4 2007 n 2 ri'i lY7 T Q M 0 Na Ln m ??-J) DEBRA M. CLINEFELTER, Plaintiff V. ROBERT B. CLINEFELTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5606 IN DIVORCE ACCEPTANCE OF SERVICE I, Robert B. Clinefelter, Jr., accept service of the Complaint in Divorce in the above- captioned matter. (tj Date Robert B. Clinefelter, Jr. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA OCT 0 4 2007 h.J DEBRA M. CLINEFELTER, Plaintiff V. ROBERT B. CLINEFELTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5606 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 25, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: /a2? D h 7 , Debra M. Clinefelter 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the FLONVER SAWIS, LINDSAY 26 West High Screen Carlisle, PA Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: lc O 7 Debra M. Clinefelter 0 r UY DEBRA M. CLINEFELTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 47- .S'Gaj ROBERT B. CLINEFELTER, JR., Defendant IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Debra M. Clinefelter, the Plaintiff in the above matter, having filed a Complaint in Divorce on September 25, 2007, hereby intends to resume and hereafter use the previous name of DEBRA MARIE ANDERSON, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. v?ctyLt?-? Debra M. Clinefelter TO BE KNOWN AS: LOWER IS, [A LINDSAY i West High Street Carlisle, PA DEBRA MARIE ANDERSON COMMONWEALTH OF PENNSYLVANIA COUNTY OF C(? +x bU I kd - ss. ON this, the roL day of L'Ogo , 200L before me, a Notary Public, personally appeared Debra M. Clinefelter, also knrs?ivn as DEBRA MARIE ANDERSON, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r Notary Public BARBARA & SWA14 Notary Public Wide Mo. Cw*Nhd County, PA M Commission EgLu June 7, 2011 44 7j d t ? _ { am PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this - day of tl f !?/,P? , 2007, between DEBRA M. CLINEFELTER, of 145-B North Farm Road, Newvilie, Cumberland County, Pennsylvania17241, hereinafter referred to as Wife, and ROBERT B. CLINEFELTER, JR., of 12 Snapper Avenue, Key Largo, Florida 33037, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on July 10, 1994 in Key Largo, Florida; and R.2: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by 1 the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that Wife will file a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to the Pennsylvania No Fault Divorce Act. Husband will accept service of the Complaint. Husband hereby acknowledges that the Court of Common Pleas of Cumberland County, Pennsylvania has personal jurisdiction over him. After the passing of 90 days from the date of service of the Complaint, the parties will execute Affidavits of Consent and Waivers of Notice which will be provided to Wife's counsel who will file them with the Court and Wife's counsel will transmit the record so that the Decree in Divorce can be entered. (3) DEBT: A. Marital Debt: There are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Credit cards of Husband's in his name in amounts unknown; ii. A joint Discover credit card, number 6011004750272953; and iii. A joint Bank of America Visa credit card. Husband shall pay the obligations to creditors to which he is individually liable and, in addition, shall pay the parties' joint obligations to Discover and to Bank of America by making timely monthly payments in at least the minimum amount required by the creditors. Further, within one year of the date of this Agreement, Husband will refinance or pay off the joint Discover and joint Bank of America Visa so that Wife is no longer liable thereon and the parties will close the two accounts. In the event there are other joint debts which are not listed in this Agreement, or if there are obligations incurred by Husband for which Wife may be liable, Husband shall accept as his 2 sole responsibility the obligation of paying those creditors. With regard to all debts which Husband is undertaking to pay pursuant to this Agreement, he shall indemnify and hold Wife harmless for any loss. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on April 1, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (4) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Department of Transportation in the state in which each reside. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Wife will retain her 2001 Ford Escape and Husband will retain his 1998 Ford Expedition and his 24 foot boat, his 16 foot boat, his 18 foot sailboat, kayaks and canoes with the exception of that item set out in paragraph 5 below. (5) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties 3 hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. The parties hereto waive any claim which they may have against the other on account of any personal injury inflicted by one against the other, and any loss from the cashing in and use of mutual funds or IRAs in the course of their marriage. (7) ALIMONY: Husband shall pay to Wife as alimony the sum of $500.00 per month commencing the 15« day of September, 2007, and continuing in an equal amount on the same day of each subsequent month. Said alimony payment shall be taxable to Wife and deductible to Husband for the purposes of filing Federal income tax returns. Alimony shall terminate upon the death of Husband or Wife. Husband shall pay alimony payments in the sum set forth above directly to Wife at the time set out above. In the event that Husband fails or refuses to make the timely alimony payment, Wife may seek enforcement of the alimony Order through the Office of Domestic Relations of Cumberland County, Pennsylvania or through the Office of Domestic Relations of a county having jurisdiction over Husband. Enforcement shall be by attachment of Husband's wages. In the event an overpayment in the amount of alimony is made, Wife will refund said overpayment to Husband within ten (10) days of receipt and notice of its payment in error. (8) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. 4 Lindsay, Esquire. Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. Husband and Wife have agreed to equally divide the costs of the preparation of this Agreement and of the filing and processing of a Complaint in Divorce. Nevertheless, Husband's obligation will not exceed a total of $500.00. Wife shall be initially responsible for payment to the attorney preparing and processing the documents and for the filing fee. Husband will reimburse Wife up to $500.00 by making payments to her of $100.00 per month, commencing the 31 s` day of September 2007 and continuing for five consecutive months or until his obligation is paid, whichever is earlier. (9) 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. (10) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent 5 of his or her separate income on the aforesaid joint returns. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable 6 distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and 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. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 8 IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Debra M. Clinefelter Ro ert B. Clinefelter, r. ss On this, the /7 day of y? , 2007, before me, the undersigned officer personally appeared DEBRA . CLINEFELTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. I-Expm' MU B. 9M 4 PWft sle Born, Cu babW Cemft PA Me 7, 2011 STATE OF COUNTY OF : ss On this, the /d day of , 2007, before me, the undersigned officer personally appeared ROBE eTB. CLINEFELTER, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. (SEAL) o e A °' Notary Public. t *, f F My comm. expires June 1, 11eku-L(SEAL) it a of Officer fi No hf',4 36040 S G` DEBRA M. CLINEFELTER, Plaintiff ROBERT B. CLINEFELTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5606 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on September 29, 2007. An Acceptance of Service was filed with the Court on October 5, 2007. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code By Plaintiff: December 30, 2007 and filed with the Prothonotary on January 3, 2008. By Defendant: January 7, 2008 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated September 17, 2007 are incorporated, but not merged, into the Decree in Divorce. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 30, 2007 and filed with the Prothonotary on January 3, 2008. By Defendant: January 7, 2008 and filed with the Prothonotary contemporaneously herewith. SAMIS, SAIDIS, FLOWER & LINDSAY LINDSAY R " A7'[t)RNt15•AT•IAW 26 West High Street Carlisle, PA Carol J. Lindsay E ulre Supreme Couo. 4469 V.1D 3 26 West High Carlisle, PA 17013 717-243-6222 N C-1 DEBRA M. CLINEFELTER, Plaintiff V. ROBERT B. CLINEFELTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5606 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 25, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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:] J Robert B. Clinefelter, J DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1'. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: (__7_06 Robert B. Clinefelter, Jr. JAIL 14 2008 P CJ1 _i - 7f C . { [r'.. "?? t `pry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEBRA M. CLINEFELTER 07-5606 No. VERSUS ROBERT B. CLINEFELTER DECREE IN DIVORCE AND NOW, S "*? ywk? -I I u'wt, IT IS ORDERED AND DEBRA M. CLINEFELTER DECREED THAT , PLAINTIFF, AND ROBERT B. CLINEFELTER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated September 17, 2007 are incorporated, but not merged, into this Decree in Divorce. A BY THE COURT: ? y